Augenblick v. United States

Our decision in 180 Ct. Cl. 131, 377 F. 2d 586 (1967), invalidating plaintiff’s court-martial conviction and dismissal from the Navy, was reversed by the Supreme Court, 393 U.S. 348 (January 14, 1969). On the coming down of that Court’s mandate, plaintiff immediately filed here a motion for leave to file a first amended petition. Believing that this proposed amendment raised issues, which, if open to judicial scrutiny *77should have been presented earlier, or merely stated or restated positions which had been rejected by the high court or were required by its decision to be refused, we denied…