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HANES v. PACE

No. 11557.

203 F.2d 225 (1953)

HANES v. PACE, Secretary of the Army.

United States Court of Appeals District of Columbia Circuit.

Decided March 12, 1953.

Attorney(s) appearing for the Case

Richard L. Merrick, Washington, D. C., with whom Thomas H. King, Washington, D. C., was on the brief, for appellant.

David Orlikoff, Attorney, Department of Justice, Washington, D. C., pro hac vice, by special leave of Court, with whom Charles M. Irelan, U. S. Atty., Washington, D. C., was on the brief, for appellee. Peter C. Charuhas, Attorney, Department of Justice, and William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., entered appearances for appellee.

Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at the time brief was filed, also entered an appearance for appellee.

Before PROCTOR, FAHY and WASHINGTON, Circuit Judges.

PROCTOR, Circuit Judge.

This appeal is from a summary judgment in favor of Pace, Secretary of the Army, defendant in the District Court and appellee here.

As the result of proceedings under Act of July 29, 1941, Public Law 190,1 Hanes, appellant, while a lieutenant colonel in the Regular Army of the United States, serving in England during the late war, was officially notified (November 22, 1943) that he had been recommended for...

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