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NOYD v. BOND

Nos. 13-68, 14-68.

402 F.2d 441 (1968)

Captain Dale E. NOYD, Appellant, v. Major General Charles R. BOND, Jr., Commander, Twelfth Air Force, United States Air Force, Colonel George R. Doerr, Commander, 832nd Combat Support Group, and Commander, Cannon Air Force Base, New Mexico, Colonel Robert R. Scott, Commander, 832nd Air Division, Cannon Air Force Base, New Mexico, Colonel Jimmy J. Jumper, Commander, 27th Tactical Fighter Wing, Cannon Air Force Base, New Mexico, Lieutenant Colonel James L. Glessner, Jr., Commander, 524th Tactical Fighter Squadron, Cannon Air Force Base, New Mexico, Captain Charles Thompson, Commander, 832nd Security Police Squadron, Cannon Air Force Base, New Mexico, Appellees. Captain Dale E. NOYD, Cross-Appellee, v. Major General Charles R. BOND, Jr., Commander, Twelfth Air Force, United States Air Force, Colonel George R. Doerr, Commander, 832nd Combat Support Group, and Commander, Cannon Air Force Base, New Mexico, Colonel Robert R. Scott, Commander, 832nd Air Division, Cannon Air Force Base, New Mexico, Colonel Jimmy J. Jumper, Commander, 27th Tactical Fighter Wing, Cannon Air Force Base, New Mexico, Lieutenant Colonel James L. Glessner, Jr., Commander, 524th Tactical Fighter Squadron, Cannon Air Force Base, New Mexico, Captain Charles Thompson, Commander, 832nd Security Police Squadron, Cannon Air Force Base, New Mexico, Cross-Appellants.

United States Court of Appeals Tenth Circuit.

Certiorari Granted January 20, 1969.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City, (John DeJ. Pemberton, Jr., Burt Neuborne, New York City, Paul A. Phillips and Willard F. Kitts, Albuquerque, N.M., on the brief) for appellant and cross-appellee.

John Quinn, U.S. Atty., Albuquerque, N.M., (John A. Babington, Asst. U.S. Atty., Albuquerque, N.M., on the brief) for appellees and cross-appellants.

Before PHILLIPS, HILL and SETH, Circuit Judges.

Certiorari Granted January 20, 1969. See 89 S.Ct. 692.

HILL, Circuit Judge.

On March 8, 1968, Dale E. Noyd, a captain in the United States Air Force, was convicted by a general court-martial of violating Article 90 of the Uniform Code of Military Justice in that he wilfully disobeyed a lawful military order. He was sentenced to dismissal from the service, forfeiture of all pay and allowances and confinement for one year at hard labor. On May 10, 1968, the...

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