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REED v. FRANKE

No. 8270.

297 F.2d 17 (1961)

Milton C. REED, Chief Storekeeper, U. S. Navy, Appellant, v. Honorable W. B. FRANKE, Secretary of the Navy, Rear Admiral F. M. Hughes, Commandant Fifth Naval District, and Commander Robert A. Mayo, U. S. Navy, Flag Administrative Unit, Commander-in-Chief Atlantic Fleet Headquarters, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1961.

Attorney(s) appearing for the Case

Vincent A. Bertolini, Norfolk, Va., for appellant.

Roger T. Williams, Asst. U. S. Atty., Richmond, Va. (Joseph S. Bambacus, U. S. Atty., Richmond, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

BOREMAN, Circuit Judge.

Plaintiff, Milton C. Reed, challenges the right of certain officers of the United States Navy to separate him from naval service with a general discharge under honorable conditions. This appeal is from an order of the United States District Court for the Eastern District of Virginia setting aside prior restraining orders and denying plaintiff's request for a permanent injunction to prevent the defendants from so discharging him. For the reasons...

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