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UNITED STATES v. AUGENBLICK

No. 45.

393 U.S. 348 (1969)

89 S.Ct. 528

21 L.Ed.2d 537

UNITED STATES v. AUGENBLICK ET AL.

Supreme Court of United States.

Decided January 14, 1969.

Attorney(s) appearing for the Case

Assistant Attorney General Weisl argued the cause for the United States. With him on the briefs were Solicitor General Griswold, John C. Eldridge, and Robert V. Zener.

Joseph H. Sharlitt argued the cause for respondent Augenblick. With him on the brief was Steven R. Rivkin. Francis J. Steiner, Jr., argued the cause and filed a brief for respondent Juhl.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Respondents, who had been convicted by courts-martial, brought these suits for back pay. Augenblick, though charged with sodomy, was convicted of a lesser offense, an indecent act, and Juhl was convicted of selling overseas merchandise of an Air Force Exchange. Augenblick was sentenced to dismissal from the service; Juhl was sentenced to reduction in rank, partial forfeiture of pay, and confinement for six months...

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