Allen
Allen v. Monger
Opinion
Opinion
Peckham, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. Plaintiffs Wayne M. Allen, David R. Gibson, Norman L. Jones, Richard C. Luton, II, and Peter R. Pendleton were at the time of the filing of this action enlisted members of the United States Navy assigned to the USS Hancock (CVA-19).
2. Prior to March 9, 1973, plaintiff Wayne Allen and Michael Ferner (another seaman) prepared a petition to Congressman Fortney Stark. The body of the petition read as follows:
3. The petition was drafted on board the USS Hancock. (R.T.-21.) Copies of the petition were prepared at a private place of business at no expense to the government. (R.T. 21.)
4. The USS Hancock (CVA-19) is an aircraft carrier with a normal crew of approximately 3400 persons. It was first commissioned in 1944 and, with the exception of six years following the end of World War II, has been in commission since that time.
5. At all relevant times until early May 1973, the USS Hancock was located at the Naval Air Station, Alameda, California. In early May 1973, the' USS Hancock deployed for the Western Pacific.
6. On March 9, 1973, Michael Ferner made a written request to defendant Captain A. J. Monger, commanding…