COUNCILMAN v. LAIRD

No. 72-1812.

481 F.2d 613 (1973)

Bruce R. COUNCILMAN, Appellee, v. Melvin R. LAIRD, Secretary of Defense, et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 19, 1973.


Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Atty., Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., William R. Burkett, U. S. Atty., Walter H. Fleischer and Michael H. Stein, Attys., Dept. of Justice, with him on the brief), for appellants.

Nicholas D. Garrett and Orin Christopher Meyers, Lawton, Okl., for appellee.

Before SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.


SETH, Circuit Judge.

Appellants, defendants below, appeal from an order of the United States District Court for the Western District of Oklahoma, permanently enjoining the defendants from continuing with court-martial proceedings against appellee.

As a basis of its order, the trial court found that the offenses with which appellee was charged by the military were not "service connected" within the meaning of that term as developed in the decisions of the Supreme...

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