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PRIEST v. SECRETARY OF NAVY

No. 75-1054.

570 F.2d 1013 (1977)

Roger L. PRIEST, Appellant, v. The SECRETARY OF the NAVY.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1977.

Attorney(s) appearing for the Case

David Rein, Washington, D. C., for appellant.

Karen I. Ward, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, Asst. U. S. Attys. and John K. Lawrence, Dept. of the Navy, Washington, D. C., were on the brief for appellee.

Before TOM CLARK, Retired Associate Justice of the Supreme Court of the United States, and MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

Appellant Priest, a former seaman apprentice in the Navy, seeks collateral review of his conviction by court-martial for violations of Article 134 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934. The basis of the conviction was his distribution of a "Serviceman's Newsletter". Without opinion the District Court granted the Secretary's motion for summary judgment. On...

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