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DOOLEY v. PLOGER

Nos. 73-1900, 73-2207.

491 F.2d 608 (1974)

Thomas R. DOOLEY, Appellant, v. Major General Robert R. PLOGER, Appellee. Michael GNIP, USMC, Petitioner, v. Major F. A. McCAUGHAN, USMC, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1974.

Attorney(s) appearing for the Case

Richard Crouch, Robert E. Walker, Jr., Law Student, and Stephen C. Glassman, Arlington, Va. (Bernstein, Ward & Glassman, Arlington, Va., and David F. Addleston on brief), for Thomas R. Dooley and Michael Gnip.

Donald E. Shelton, Captain JAGC, U. S. Dept. of the Army, Robert L. Ashbaugh, Sp. Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., and J. Frederick Sinclair, Asst. U. S. Atty., on brief), for Major Gen. Robert R. Ploger and Major F. A. McCaughan.

Before WINTER, BUTZNER and FIELD, Circuit Judges.

WINTER, Circuit Judge:

These appeals both present the threshold question of whether the federal civilian courts should pass on the appropriateness of the exercise of court martial jurisdiction over certain narcotic offenses of military personnel allegedly lacking "service-connection" prior to the time that there are findings of fact and conclusions of law by the military courts on the jurisdictional issue of service-connection. These appeals also present the ultimate...

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