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CURRY v. SECRETARY OF ARMY

No. 78-1031.

595 F.2d 873 (1979)

Robert E. CURRY, Appellant, v. SECRETARY OF the ARMY et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1979.

Rehearing Denied April 19, 1979.

Attorney(s) appearing for the Case

J. Francis Pohlhaus, Washington, D. C., for appellant.

Regina C. McGranery, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Peter E. George and William H. Briggs, Jr., Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before TAMM and MacKINNON, Circuit Judges, and JOHN H. PRATT, United States District Judge for the District of Columbia.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

We review in this appeal a due process attack on provisions of the Uniform Code of Military Justice (UCMJ) which assign multiple roles to the convening authority1 in court-martial proceedings. The district court (Gesell, J.) upheld the constitutionality of these provisions, and we affirm.

I

The facts of this case are not in dispute. Curry...

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