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GALLAGHER v. UNITED STATES

No. 386-67.

423 F.2d 1371 (1970)

Robert G. GALLAGHER v. The UNITED STATES.

United States Court of Claims.

April 17, 1970.

Attorney(s) appearing for the Case

Richard A. Baenen, Washington, D. C., attorney of record for plaintiff. Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

Bruno A. Ristau, 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 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This action is before us on cross motions for summary judgment, with extensive documentation. It is a soldier's suit for back pay lost by reason of a court-martial conviction. He urges that the court-martial lacked jurisdiction and that it denied him his constitutional right to representation by counsel.

The plaintiff, a Private First Class...

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