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SEDIVY v. RICHARDSON

No. 72-2065.

485 F.2d 1115 (1973)

Jaroslav SEDIVY v. Elliot L. RICHARDSON, Secretary of Defense of the United States of America, et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided September 26, 1973.

Attorney(s) appearing for the Case

Harlington Wood, Jr., Asst. Atty. Gen., Herbert J. Stern, U. S. Atty., Anthony J. Steinmeyer, Walter H. Fleischer, Attys., Dept. of Justice, Civil Division, Washington, D. C., for appellants.

Alexander D. Lehrer, Anschelewitz, Barr, Ansell & Bonello, Asbury Park, N. J., for appellee.

Before VAN DUSEN, ALDISERT and ADAMS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are called upon to review the propriety of a permanent injunction issued by the district court, a federal civilian court, which prohibits the trial of an army sergeant by court-martial on the theory that the military court lacked jurisdiction under O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969). The Secretary of Defense, the Secretary of the Army, and...

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