Legal Opinion
Shapiro v. United States
United States Court of Claims
Decided January 6, 1947PublishedCited by 57 opinions
1Opinion of the Court
WHITAKER, Judge.
This case is before us on demurrer for failure of the petition to allege a cause of action.
Plaintiff, a Second Lieutenant in the Army of the United States, was convicted by a court martial on September 3, 1943 of violation of the Ninety-Sixth Article of War, 10 U.S.C.A. § 1568, following which he was dismissed from the service on order of the Secretary of War. He alleges that the court martial had no jurisdiction to render the verdict it did and, hence, that the order of the Secretary of War dismissing him from the service, based on the verdict, was illegal. He sues for the…
2Cases cited14 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Powell v. AlabamaSupreme Court of the United States · 1932
- Cooke v. United StatesSupreme Court of the United States · 1925
- Avery v. AlabamaSupreme Court of the United States · 1940
- Smith v. O'GRADYSupreme Court of the United States · 1941
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3Cited by57 opinions
- Reid v. CovertSupreme Court of the United States · 1957
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- United States v. TempiaUnited States Court of Military Appeals · 1967
- Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
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