Hanes v. Pace, Secretary of the Army

PROCTOR, Circuit Judge.

This appeal is from a summary judgment in favor of Pace, Secretary of the Army, defendant in the District Court and appel-lee here.

As the result of proceedings under Act of July 29, 1941, Public Law 190, 1 Hanes, appellant, while a lieutenant colonel in the Regular Army of the United States, serving in England during the late war, was officially notified (November 22, 1943) that he had been recommended for removal from the active list of the Army, but that prior to final action of the War Department it was desired' to ascertain whether he preferred to avail himself of…