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AVRECH v. SECRETARY OF NAVY

No. 71-1841.

520 F.2d 100 (1975)

Mark AVRECH, Appellant, v. The SECRETARY OF the NAVY.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1975.

Attorney(s) appearing for the Case

David Rein, Washington, D. C., and Dorian Bowman, New York City, for appellant.

Richard A. Graham, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and James F. McMullin, Asst. U. S. Attys., were on the supplemental memo for appellee.

Before Mr. Justice CLARK, Associate Justice of the Supreme Court of the United States, and WRIGHT and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This case comes before us for a second time, having in the interim gone to the Supreme Court. The facts were set out thoroughly in our previous opinion by Justice Clark, and need not be here repeated. We note that this is an action for collateral relief from a 1969 special court-martial, wherein appellant was convicted of attempting to publish...

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