Contracts · MBE-tested
Rory J. Sutton, 2LT, U. S. Army v. United States; LTC George R. Davis, Commanding Officer, USASTRATCOM Southeast Asia Signal School # 1, APO San Franisco 96491; Stanley R. Resor, Secretary of the Army; and Melvin R. Laird, Secretary of Defense
21 C.M.A. 661·United States Court of Military Appeals·1971
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Opinion
No. 71-28
Rory J. Sutton, 2LT, U. S. Army v United States; LTC George R. Davis, Commanding Officer, USASTRATCOM Southeast Asia Signal School # 1, APO San Franisco 96491; Stanley R. Resor, Secretary of the Army; and Melvin R. Laird, Secretary of Defense.
[MAJORITY]
On consideration of the Petition for a Writ of Prohibition and for a Writ of Mandamus, filed in the above-entitled action, it appearing that said Petition is addressed to contemplated administrative proceedings pursuant to Army Regulations 635-100, and that no court-martial charges are pending or contemplated, it is, by the Court, this 7th day of July 1971,
ORDERED:
That said Petition be, and the same hereby is, dismissed for lack of jurisdiction. See, In re Taylor, 12 USCMA 427, 31 CMR 13 (1961).