VITELLI v. WARDEN

No. 3323.

247 F.Supp. 993 (1965)

Michael Anthony VITELLI, Plaintiff, v. H. D. WARDEN et al., Defendants.

United States District Court S. D. California, S. D.

December 21, 1965.


Attorney(s) appearing for the Case

Gostin & Katz, Louis S. Katz, James M. Gattey, San Diego, Cal., for plaintiff.

Manuel L. Real, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief of Civil Div., Larry L. Dier, Asst. U. S. Atty., Los Angeles, Cal., for defendants.


JAMES M. CARTER, District Judge.

Statement of the Case

The question presented is whether a member of the armed forces, against whom proceedings for an administrative discharge have been instituted, may prior to the hearing, seek an injunction to restrain the holding of the administrative hearing.

Defendants have moved to dismiss the action on the grounds that the action is premature, that administrative remedies have not been exhausted, and...

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