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FLUTE v. UNITED STATES

No. 38-75.

535 F.2d 624 (1976)

Aloysius A. J. FLUTE v. The UNITED STATES.

United States Court of Claims.

May 12, 1976.

Attorney(s) appearing for the Case

Richard P. Fox, Los Angeles, Cal., attorney of record for plaintiff; Max Gest, Los Angeles, Cal., of counsel.

Arlene Fine, with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant; Peter A. T. Sartin, and Stephen G. Anderson, Washington, D.C., of counsel.

Before DAVIS, NICHOLS and BENNETT, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge:

Plaintiff, Staff Sergeant Aloysius A. J. Flute, was tried for assaulting a Korean civilian on July 8, 1972, before a Special Court-Martial convened at Kunsen Air Base, Korea on August 31 and September 1, 1972. Flute was convicted and sentenced to a reduction in rank or grade, and was restricted to the limits of Kunsen Air Base...

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