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DAVIES v. CLIFFORD

No. 7058.

393 F.2d 496 (1968)

Edward R. DAVIES, Plaintiff, Appellant, v. Clark M. CLIFFORD, Secretary of Defense, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided April 25, 1968.

Attorney(s) appearing for the Case

John Linzee, Berlin, Mass., with whom Arnold W. Olsson, Worcester, Mass., was on brief, for appellant.

Alan S. Rosenthal, Atty., Dept. of Justice, with whom Edwin L. Weisl, Jr., Asst. Atty. Gen., Louis M. Janelle, U. S. Atty., and Michael C. Farrar, Atty., Dept. of Justice, were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is a petition for declaratory relief in which the respondent is the Secretary of Defense. Petitioner alleges that in 1952, when an army private, he was convicted by court martial of arson. The Court of Military Appeals having denied his petition for review, he received a bad conduct discharge and served the sentence imposed. In 1961 petitioner obtained a hearing before the Army Board for the Correction of Military Records on a claim that...

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