The Army has scheduled a Nov. 1 general court-martial of Dr. Leon T. Davis, the Walter Reed Army doctor who has refused to continue practicing on grounds his contract was breached.
In advance of Davis' appearance at that time before a miltary judge, the Army has scheduled a hearing for motions Wednesday at Fort McNair.
Stephen D. Keeffe, Davis' civilian lawyer, said yesterday he will argue Wednesday that the miltary court has no jurisdiction over the doctor since his contract with the Army has been breached and he therefore no longer comes under miltary authority.
In a parallel legal effort, keeffe has asked the U.S. Court of Appeals here to order the army to release Davis. The U.S. District Court here has rejected such motion.
Daivs has asked to be allowed to resign from the Army, a request that is now moving toward the desk of Army Secretary Clifford L. Alexander. Under Army regulations, Alexander must approve or disapprove.
Davis' miltary commanders have been asked to recommend whethers he should be allowed to resign. So far, his commander of the Military District of Washington have recommended against granting Davis a discharge. The next recommendation will be from Army Surgeon General Charles C. Pixley.