Contracts · MBE-tested
Robert W. Sims, SN, U. S. Navy v. John Chafee, Secretary of the Navy; ADM Elmo R. Zumwalt, Jr., USN, Chief of Naval Operations; ADM Charles K. Duncan, USN, Commander in Chief, Atlantic Fleet; RADM Herman J. Kossler, USN, Commander Naval Base, Charleston, South Carolina; and CAPT Edward P. Flynn, Jr., USN, Commanding Officer, Naval Station, Charleston, South Carolina
21 C.M.A. 660·United States Court of Military Appeals·1971
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Opinion
July 6, 1971
No. 71-25
Robert W. Sims, SN, U. S. Navy v John Chafee, Secretary of the Navy; ADM Elmo R. Zumwalt, Jr., USN, Chief of Naval Operations; ADM Charles K. Duncan, USN, Commander in Chief, Atlantic Fleet; RADM Herman J. Kossler, USN, Commander Naval Base, Charleston, South Carolina; and CAPT Edward P. Flynn, Jr., USN, Commanding Officer, Naval Station, Charleston, South Carolina.
[MAJORITY]
On consideration of the Petition for Writ of Prohibition filed in the above-entitled action, it appearing that no charges are pending before a court-martial, or contemplated by petitioner’s superiors, it is, by the Court, this 6th day of July 1971,
ORDERED:
That said Petition be, and the same hereby is, dismissed for lack of jurisdiction. Mueller v Brown, Misc. Docket 69-39, 18 USCMA 534, 40 CMR 246 (1969). See also Autry v Hyde, Misc. Docket 70-24, 19 USCMA 473, 42 CMR 35 (1970).