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McDONALD v. UNITED STATES

No. 396-73.

507 F.2d 1271 (1974)

Ronald L. McDONALD v. The UNITED STATES.

United States Court of Claims.

December 18, 1974.

Attorney(s) appearing for the Case

J. Francis Pohlhaus, Washington, D.C., Atty. of record, for plaintiff; Nathaniel R. Jones, New York City, of counsel.

Alan L. Ferber, Washington, D.C., with whom was Asst. Atty. Gen., Carla A. Hills, New York City, for defendant.

Before LARAMORE, Senior Judge, and SKELTON and KUNZIG, Judges.

ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

SKELTON, Judge:

Plaintiff, while an enlisted man in the United States Marine Corps, was charged and convicted of four counts of assault with intent to commit murder in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1970). On April 17, 1970, he was sentenced by a general court-martial to a dishonorable discharge, confinement...

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