Joseph P. Kauffman v. Secretary of the Air Force

EDGERTON, Senior Circuit Judge:

Appellant brought suit in the District Court to have his court-martial conviction and sentence declared void on the ground that they rested upon violations of his constitutional rights. He also asked for restoration to active duty with full rank, and the seniority and allowances to which he would have been entitled had he not been discharged, resting his claim on the record made in the court-martial proceeding. The case was decided upon cross-motions for summary judgment and the government’s alternative motion to dismiss for want of jurisdiction in the District…