Citation Codes Equivalent Citations citation codes Docket Number No. 3913. Attorney(S) Margaret R. Bates, Denver, , for Oliver R. Wells, Washington, D.C. (Lester Luther, United States Attorney, Malcolm Miller, Assistant United States Attorney, Topeka, , Reginald C. Miller, Attorney, Office of the Judge Advocate General, Washington, D.C., were with him on the brief), for Judges Orie Leon Phillips Sam Gilbert Bratton Walter August Huxman See more information ... Smart Summary Please sign up to generate summary. SPENCER v. HUNTER. PER CURIAM. The 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.