POLSKY v. WETHERILL

No. 625-70.

438 F.2d 132 (1971)

Douglas POLSKY, Appellant, v. Major General Roderick WETHERILL, Commanding Officer, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, and Stanley R. Resor, Secretary of the Army, and Melvin R. Laird, Secretary of Defense, Appellees.

United States Court of Appeals, Tenth Circuit.

February 24, 1971.


Attorney(s) appearing for the Case

Barry E. Ungar, Philadelphia, Pa. (G. Sander Davis, Philadelphia, Pa., and William F. Reynard, Denver, Colo., Goodis, Greenfield, Narin & Mann, Philadelphia, Pa., of counsel, on the brief) for appellant.

James M. Peters, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., on the brief) for appellees.

Before LEWIS, Chief Judge, and HILL, SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.


LEWIS, Chief Judge.

This appeal is from an order of the United States District Court for the Western District of Oklahoma denying relief to petitioner-appellant by writ of habeas corpus. The case was first submitted to a panel of this court, such submission by stipulation being later vacated in favor of submission to the court en banc when it became clear that review of the case on its merits and in its present posture would require the court to overrule its decision...

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