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DUMAS v. UNITED STATES

No. 426-78.

620 F.2d 247 (1980)

Randolph E. DUMAS and Fred Tucker v. The UNITED STATES.

United States Court of Claims.

April 16, 1980.

Attorney(s) appearing for the Case

Richard P. Fox, Los Angeles, Cal., atty. of record, for plaintiffs. Richard P. Fox and Max Gest, P. C., Los Angeles, Cal., of counsel.

William D. White, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Lieutenant Colonel Ludolf R. Kuhnell, III, Springfield, Va., and Captain Robert E. Sutemeier, Washington, D. C., U. S. Air Force, of counsel.

Before KASHIWA, KUNZIG and BENNETT, Judges.

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

Plaintiffs, as Airmen First Class in the United States Air Force, were charged with wrongful possession of marijuana and accepted nonjudicial punishment from their commanding officer pursuant to Article 15, Uniform Code of Military Justice, 10 U.S.C. § 815 (1976). They were ordered to forfeit $50.00 of their pay for two months and received a suspended...

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