Spencer v. Hunter

Tenth Circuit Court of Appeals

Decided Oct. 19, 1949.

Tenth Circuit Court of Appeals · decided 1949-10-19

2 counsel of record

Relies on Whelchel v. McDonald

Opinion by (per_curiam) · Decided 1949-10-19

¶1 *371Margaret R. Bates, Denver, Colo., for appellant.

¶2Oliver R. Wells, Washington, D. C. (Lester Luther, United States Attorney, Malcolm Miller, Assistant United States Attorney, Topeka, Kan., Reginald C. Miller, Attorney, Office of the Judge Advocate General, Washington, D. C., were with him on the ’brief), for appellee.

¶3Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN Circuit Judges.

¶4PER CURIAM.

¶5The judgment is affirmed on the ground that Spencer has not exhausted the remedy available to him under 62 Stat. 639, Articles of War, art. 53, 10 U.S.C.A. § 1525, on authority of Whelchel v. McDonald, 5 Cir., 176 F.2d 260.