Legal Opinion

Curry v. Secretary of the Army

District Court, District of Columbia

Decided October 31, 1977No. Civ. A. No. 77-717PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

GESELL, District Judge.

By collateral attack on his military conviction plaintiff brings this test case to have aspects of the entire military justice system declared unconstitutional and to receive consequent injunctive and monetary relief. The matter was fully briefed and argued on cross-motions for summary judgment. No *262material facts are in dispute. Jurisdiction is properly invoked pursuant to 28 U.S.C. §§ 1331, 2201-2202 (1970 & Supp. V 1975), and collateral review is authorized by Schlesinger v. Councilman, 420 U.S. 738, 746-48, 95 S.Ct. 1300, 43 L.Ed.2d 591…

2Cases cited11 opinions

  1. Withrow v. LarkinSupreme Court of the United States · 1975
  2. In Re Murchison.Supreme Court of the United States · 1955
  3. Parker v. LevySupreme Court of the United States · 1974
  4. Ward v. Village of MonroevilleSupreme Court of the United States · 1972
  5. Schlesinger v. CouncilmanSupreme Court of the United States · 1975

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3Cited by2 opinions

  1. Robert E. Curry v. Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1979
  2. United States v. EzellUnited States Court of Military Appeals · 1979

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