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HURLEY v. SHANLEY

No. 5469.

60 F.2d 335 (1932)

HURLEY, Secretary of War, v. SHANLEY.

Court of Appeals of the District of Columbia.

Decided June 27, 1932.

Attorney(s) appearing for the Case

Leo A. Rover and Walter M. Shea, both of Washington, D. C., for appellant.

Samuel T. Ansell, B. Tracy Ansell, and George M. Wilmeth, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and HITZ and GRONER, Associate Justices.

HITZ, Associate Justice.

This is an appeal from a decree of the Supreme Court of the District of Columbia granting a motion of the plaintiff below to strike out the answer of the Secretary of War, as defendant below, to a petition praying that the Secretary be enjoined from further stopping the pay of plaintiff as an Army officer, and that by a mandatory injunction he be compelled to order the return of sums theretofore withheld.

The defendant having elected...

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