HELEN v. WYMAN

No. 14619.

222 F.2d 890 (1955)

Robert ST. HELEN, Movant, v. Lt. Gen. W. C. WYMAN, Maj. Gen. Edwin K. Wright, and Col. Jacob H. Bloss, Respondents.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 16, 1955.


Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellant.

McMurray, Brotsky, Bancroft & Tepper, Allan Brotsky, Siegfried Hesse, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE, Circuit Judge.


DENMAN, Chief Judge.

St. Helen moves to dismiss respondents' appeal from the district court's order to cancel a certificate of undesirable discharge given him by the army.

On October 29, 1954, the district court issued an order restraining the discharge of St. Helen to preserve the status quo in order that the court might have a hearing to determine the merits of St. Helen's action for injunction and declaratory relief and application for preliminary injunction...

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