DAIGLE v. WARNER

Civ. No. 72-3603.

348 F.Supp. 1074 (1972)

Robert M. DAIGLE, and Terry Lee Crosby, Individually and on behalf of all persons similarly situated, Petitioners, and Jack Nazimek et al., Petitioners-Intervenors, v. Honorable John E. WARNER, Individually and in his capacity as Secretary of the Navy, et al., Respondents.

United States District Court, D. Hawaii.

August 31, 1972.


Attorney(s) appearing for the Case

Stanley E. Levin, Robert J. LeClair, Wesley Lau, Legal Aid Society, Waianae, Hawaii, for petitioners and petitioners-intervenors.

John S. Edmunds, Mattoch, Edmunds, Kemper & Brown, Honolulu, Hawaii, for American Civil Liberties Union.

Robert K. Fukuda, U. S. Atty., William J. Eggers, III, Asst. U. S. Atty., Honolulu, Hawaii, LCDR Robert T. Gustafson, Ad Referendum, Naval Law Center, Fourteenth Naval District, Pearl Harbor, Hawaii, for respondents.


MEMORANDUM DECISION

PENCE, Chief Judge.

The central issue in this case is whether the recent Supreme Court decision of Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 applies to summary courts-martial proceedings conducted under 10 U.S.C. § 820.

It does.

Statement of Facts

Both first plaintiffs, Daigle and Crosby, were members of the U. S. Marine Corps stationed in Hawaii...

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