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SCHLESINGER v. COUNCILMAN

No. 73-662.

420 U.S. 738 (1975)

95 S.Ct. 1300

43 L.Ed.2d 591

SCHLESINGER, SECRETARY OF DEFENSE, ET AL. v. COUNCILMAN.

Supreme Court of United States.

Decided March 25, 1975.

Attorney(s) appearing for the Case

Solicitor General Bork argued the cause for petitioners. With him on the brief were Assistant Attorney General Petersen, Danny J. Boggs, and Jerome M. Feit.

Nicholas D. Garrett and Orin Christopher Meyers argued the cause and filed a brief for respondent.*

MR. JUSTICE POWELL delivered the opinion of the Court.

On March 27, 1972, court-martial charges were preferred against respondent Bruce R. Councilman, an Army captain on active duty at Fort Sill, Okla. The charges alleged that Captain Councilman had wrongfully sold, transferred, and possessed marihuana. On July 6, 1972, the District Court for the Western District of Oklahoma permanently enjoined petitioners, the Secretaries of Defense and of the Army and the Commanding...

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