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BLAND v. HARTMAN

No. 15155.

245 F.2d 311 (1957)

Robert O. BLAND, Appellant, v. C. C. HARTMAN, as a Rear Admiral of the United States Navy and Commandant of the Eleventh Naval District of the United States Navy, and individually, William H. Sanders, Junior, as a Captain of the United States Navy, and individually, Joe B. Renfro, Junior, as a Commander of the United States Naval Reserve, and individually, James E. Dyer, Junior, as a Lieutenant Commander of the United States Naval Reserve and individually, and Heber S. Lewis, as a Lieutenant Commander of the United States Navy, and individually, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 3, 1957.

Attorney(s) appearing for the Case

Daniel G. Marshall, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Max F. Deutz, Edwin H. Armstrong, Asst. U. S. Atty., Los Angeles, Cal., for appellees.

Before FEE and CHAMBERS, Circuit Judges, and CLARK, District Judge.

JAMES ALGER FEE, Circuit Judge.

This is an appeal by Bland from an order granting a motion to dismiss the complaint and denying a preliminary injunction.

The record, consisting of the complaint and a hearing on the preliminary injunction, showed Bland was a commissioned officer in the United States Naval Reserve who had served on active duty from 1942 to February 22, 1946. On the latter date, he was separated from active duty status under honorable conditions...

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