SMITH v. SECRETARY OF NAVY

No. 74-1386.

506 F.2d 1250 (1974)

Joseph Orby SMITH, Jr., Appellant, v. SECRETARY OF the NAVY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 20, 1974.


Attorney(s) appearing for the Case

Thomas M. Bradshaw, Asst. Federal Public Defender, Kansas City, Mo., for appellant.

Frederick Griffin, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and WEBSTER, Circuit Judge.


PER CURIAM.

Upon a careful consideration of the record and of the briefs and arguments of the parties, the Court has concluded that the judgment appealed from should be affirmed for the reasons stated in Judge Oliver's well-reasoned memorandum opinion.

Although it is clear that Smith's 1942 court martial conviction was for non-service connected offenses, under the reasoning of O'Callaghan v. Parker, 395 U.S. 258, 89 S.Ct. 1683...

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