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CURCI v. UNITED STATES

No. 549, Docket No. 77-6147.

577 F.2d 815 (1978)

Alfred A. CURCI, Appellant, v. The UNITED STATES of America, the Judge Advocate General of the Army, and the Secretary of the Army, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 19, 1978.

Attorney(s) appearing for the Case

Fredric J. Gross, Union, N. J., and Takoma, Md. (Frederic A. Johnson, New York City, on the brief), for appellant.

Diane R. Eisner, Asst. U. S. Atty., E. D. N. Y., Brooklyn (David G. Trager, U. S. Atty., E. D. N. Y., Mary McGowan Davis, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before MOORE, SMITH and MANSFIELD, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal from an order dismissing plaintiff's complaint seeking to overturn his court martial conviction after some thirty years. The district court found that the summary treatment of Curci's petition under Article 69 of the Uniform Code of Military Justice ("U.C.M.J."), 10 U.S.C. § 869, was appropriate under the circumstances, and as to the alternative claim for relief in the nature of habeas corpus, that the ultimate conclusion...

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