Appealed to a Higher Court
SYMA, through attorney Dan Hyatt on behalf of Rex Barber, filed in the U.S. District Court in Oregon, before Judge Jelderks, a petition asking that the Board’s decision be set aside because of improper procedures.
Judge Jelderks made the decision that Secretary Rice had the absolute authority under the law to make whatever decision he wanted and Judge Jelderks would not rule on which pilot shot down Yamamoto but rather ruled that Secretary Rice had the authority to make whatever decision he wished.
SYMA, through attorney Dan Hyatt, next appealed Judge Jelderks’ decision to the 9th Circuit Court of Appeals which court upheld Judge Jelderks.
Judge Jelderks' Decision
9th Circuit Court Appeal
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