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MONETT v. UNITED STATES

No. 40-67.

419 F.2d 434 (1969)

Gerald W. MONETT v. The UNITED STATES.

United States Court of Claims.

December 12, 1969.

Attorney(s) appearing for the Case

John C. Smuck, Washington, D. C., attorney of record, for plaintiff.

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.

ON DEFENDANT'S MOTION TO DISMISS THE PETITION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge.

In the first half of 1965 the plaintiff was a Sergeant First Class (E-7) with the Army in Vietnam. A court-martial charge was brought against him, arising out of a motor vehicle accident in which a serviceman was killed. Plaintiff, represented by appointed military defense counsel, offered in writing to plead guilty to this charge,

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