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SMITH v. SECRETARY OF NAVY

No. 19960-1.

392 F.Supp. 428 (1974)

Joseph Orby SMITH, Jr., Petitioner, v. SECRETARY OF the NAVY, Respondent.

United States District Court, W. D. Missouri, W. D.

May 6, 1974.

Attorney(s) appearing for the Case

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

Asst. U. S. Atty. Frederick O. Griffin, Jr., Kansas City, Mo., for respondent.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

On October 4, 1971, petitioner filed a motion for order of mandamus in the United States District Court for the District of Columbia in which, among other things, he alleged that:

On or about January 20, 1942, petitioner was taken before a court martial without counsel and induced to plead guilty under the assumption it wasn't a criminal defense [sic]. At no time from arrest to court...

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