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HOMCY v. RESOR

No. 23954.

455 F.2d 1345 (1971)

Albert C. HOMCY v. Stanley R. RESOR, Secretary of the Army, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1971.

Attorney(s) appearing for the Case

Mr. Thomas Jay Press, Atty., U. S. Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellant. Messrs. John A. Terry and Nathan Dodell, Asst. U. S. Attys., and Michael C. Farrar, Atty., Department of Justice, also entered appearances for appellant.

Mr. Bingham B. Leverich, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

During World War II appellee (Homcy) was convicted by a military court martial in France. Since that time he has made a number of attacks upon the trial and his sentence. He here seeks a declaratory judgment (1) that the court martial which tried him on October 19, 1944 was without jurisdiction and void and that as a result his military record should be corrected to show that his discharge from the United States Army on December 5, 1944 was...

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