Cox v. United States

ROCHE, Chief Judge.

This is an action for damages for false imprisonment. Plaintiff was convicted of desertion by an Army -Court Martial on June 10, 1949, and this conviction was disapproved by a reviewing officer five days later. At no time subsequent was he retried by an Army Court Martial for desertion. Basically, the controversy resolves itself into three questions:(a) Has this court jurisdiction to hear and determine the issues herein in view of the provisions of 28 U.S.C. § 1495?(b) From the facts as disclosed by the record and the evidence introduced at the trial, is there a sufficient…