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UNITED STATES EX REL. FLEMINGS v. CHAFEE

No. 528, Docket 71-1997.

458 F.2d 544 (1972)

UNITED STATES of America ex rel. John W. FLEMINGS, Appellee, v. John H. CHAFEE, Secretary of the Navy, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 28, 1972.

Certiorari Granted June 19, 1972.

Attorney(s) appearing for the Case

James C. Hair, Jr., Atty. Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Robert A. Morse, U. S. Atty. for Eastern District of New York, Walter H. Fleischer, Atty. Dept. of Justice, of counsel), for appellant.

Michael Meltsner, New York City, for appellee.

Before KAUFMAN, MANSFIELD and OAKES, Circuit Judges.

Certiorari Granted June 19, 1972. See 92 S.Ct. 2461.

IRVING R. KAUFMAN, Circuit Judge:

Toward the end of its 1968 Term, the Supreme Court virtually sounded the death knell for court-martial jurisdiction which had been exercised over certain cases for more than fifty years. O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), decided that the Armed Services had no power to try servicemen for alleged crimes...

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