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AVRECH v. SECRETARY OF NAVY

No. 71-1841.

477 F.2d 1237 (1973)

Mark AVRECH, Appellant, v. The SECRETARY OF the NAVY.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1973.

Attorney(s) appearing for the Case

Dorian Bowman, New York City, and David Rein, Washington, D. C., for appellant.

Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Michael A. Katz and James F. McMullin, Asst. U. S. Attys., for appellee.

Before Mr. Justice CLARK, and WRIGHT and WILKEY, Circuit Judges.

Mr. Justice CLARK:

Appellant, Mark Avrech, brought this suit seeking a declaration that his 1969 court-martial conviction was constitutionally invalid under the First and Fifth Amendments and an order that the conviction be expunged from his military record and that he recover all pay and benefits lost by reason of the conviction.1 Avrech was convicted of violating Article 134 of of the Uniform Code of Military Justice, known as the

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