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HENRY v. WARNER

No. 73-354-DWW.

357 F.Supp. 495 (1973)

Daniel Edward HENRY, etc., et al., Individually and on behalf of all persons similarly situated, and Stephen L. Bray II and Michael A. Ness, Intervenors, Petitioners-Plaintiffs, v. Honorable John E. WARNER, Individually and in his capacity as Secretary of the Navy, et al., Respondents-Defendants.

United States District Court, C. D. California.

April 13, 1973.

Attorney(s) appearing for the Case

Nathan Zahm, Sherman Oaks, Cal., for petitioners-plaintiffs.

William D. Keller, U. S. Atty., by John E. Nordin, Joel Levine, Asst. U. S. Attys., Los Angeles, Cal., Lt. Commander Carl Horst, JAG Corps U. S. Navy, Naval Air Station, Miramar, San Diego, Cal., for respondents-defendants.

MEMORANDUM OPINION

DAVID W. WILLIAMS, District Judge.

The Petitioners-Plaintiffs (hereinafter Petitioners) are either members of the United States Navy or the Marine Corps and they have been charged with relatively minor offenses which constitute violations of the Uniform Code of Military Justice (hereinafter UCMJ). Petitioners, Henry and Kirby were charged with "unauthorized absence;" McLean was charged with the same offense, "misbehavior of sentry on post...

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