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GEARINGER v. UNITED STATES

No. 489-54.

412 F.2d 862 (1969)

Harold H. GEARINGER, as Executor of the Estate of Royal Barry Shaw v. The UNITED STATES.

United States Court of Claims.

July 16, 1969.

Attorney(s) appearing for the Case

Robert H. Reiter, Washington, D. C., attorney of record, for plaintiff. Spaulding, Reiter & Rose, Washington, D. C., of counsel.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

OPINION

DAVIS, Judge.

About three years ago, the court held that Royal Barry Shaw was illegally discharged from the Navy in 1950 as a result of a court-martial conviction which was vitiated by a significant constitutional defect. Shaw v. United States, 357 F.2d 949, 174 Ct.Cl. 899 (1966).1 We returned the case to the trial commissioner for computation of the amount of back pay and allowances...

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