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BEARD v. STAHR

No. 648.

370 U.S. 41 (1962)

82 S.Ct. 1105

8 L.Ed.2d 321

BEARD v. STAHR, SECRETARY OF THE ARMY, ET AL.

Supreme Court of United States.

Decided May 28, 1962.

Attorney(s) appearing for the Case

Frederick Bernays Wiener for appellant.

Solicitor General Cox, Assistant Attorney General Orrick and John G. Laughlin, Jr. for appellees.

PER CURIAM.

The judgment of the District Court is vacated and the cause is remanded with directions to dismiss the complaint. The action is premature. The appellant will not be removed from the active list of the Regular Army unless the Secretary of the Army exercise the discretionary authority to remove him conferred by 10 U. S. C. § 3794. The Secretary has not stated that he will so exercise his discretion as to remove appellant. If the Secretary does not remove...

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