INGALLS v. ZUCKERT

No. 16788.

309 F.2d 659 (1962)

Murray H. INGALLS, Appellant, v. Eugene M. ZUCKERT, Secretary of the Air Force, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 25, 1962.


Attorney(s) appearing for the Case

Mr. Donald H. Dalton, Washington, D. C., for appellant.

Mr. Daniel A. Rezneck, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty. at the time the brief was filed, were on the brief, for appellee. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, BURGER and WRIGHT, Circuit Judges.


PER CURIAM.

Appellant, an Air Force major with 14 years' service and an outstanding war record,1 was given the choice under Air Force Regulation 35-66 of resigning for the good of the service or facing a general court martial. Acting without counsel in the 72 hours allowed him, he chose to resign. Alleging failure on the part of the Air Force to afford him "the opportunity of consulting legal counsel regarding the advisability of submitting...

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