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SHAPIRO v. UNITED STATES

69 F.Supp. 205 (1947)

SHAPIRO v. UNITED STATES.

Court of Claims.

January 6, 1947.

Attorney(s) appearing for the Case

Robert E. Sher and Jesse I. Miller, both of Washington, D. C. (Miller, Sher & Oppenheimer, of Washington, D. C., on the brief), for plaintiff.

James B. Spell, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

WHITAKER, Judge.

This case is before us on demurrer for failure of the petition to allege a cause of action.

Plaintiff, a Second Lieutenant in the Army of the United States, was convicted by a court martial on September 3, 1943 of violation of the Ninety-Sixth Article of War, 10 U.S.C.A. § 1568, following which he was dismissed from the service on order of the Secretary of War. He alleges that the court martial had no jurisdiction to render the verdict...

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