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MELVIN v. LAIRD

No. 71-C-1533.

365 F.Supp. 511 (1973)

Houston L. MELVIN, Plaintiff, v. Melvin R. LAIRD, as Secretary of Defense, Department of Defense, Robert F. Froehlke, as Secretary of the Army, Department of the Army, Defendants.

United States District Court, E. D. New York.

October 12, 1973.

Attorney(s) appearing for the Case

W. Dennis Cross, New York City, for plaintiff; Vincent A. Moccio, New York City, of counsel.

Robert A. Morse, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., for defendants; George H. Weller, Asst. U. S. Atty., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Plaintiff, a former captain, asserts that his 1954 conviction by general court-martial on charges of larceny in Japan was obtained through the deprivation of several of his constitutional rights. He seeks declaratory and injunctive relief. Specifically, he claims he was denied (1) his right to be present, to be represented by counsel, to cross-examine witnesses...

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