SCHWARTZ v. COVINGTON

No. 19444.

341 F.2d 537 (1965)

J. W. SCHWARTZ, individually and as Commanding General of the United States Army, Letterman General Hospital, et al., Appellant, v. Napoleon COVINGTON, Appellee.

United States Court of Appeals Ninth Circuit.

February 10, 1965.


Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Robt. V. Zener, Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellants.

James P. Preovolos, San Francisco, Cal., for appellee.

Before ORR, BARNES and KOELSCH, Circuit Judges.


ORR, Circuit Judge:

On April 21, 1961, at the expiration of an enlistment prior to the one under consideration here, appellee, a Sergeant in the United States Army, was given an honorable discharge, with a recommendation for re-enlistment. At the time of the 1961 discharge, appellee had completed 16 years of active military service, including duty in World War II and the Korean War. His conduct was such that he was awarded many decorations and his record was devoid...

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