UNGLESBY v. ZIMNY

No. 43378.

250 F.Supp. 714 (1965)

William Ernest UNGLESBY, Plaintiff, v. S. M. ZIMNY, individually and as Commanding Officer of the U. S. Naval Receiving Station, et al., Defendants.

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

November 16, 1965.


Attorney(s) appearing for the Case

James T. McDonald, Dunn, Hart & McDonald, San Francisco, Cal., for plaintiff.

Cecil F. Poole, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for defendants.


ZIRPOLI, District Judge.

Plaintiff, an enlisted man in the United States Navy, has instituted this action in an effort to prevent his separation from naval service. He seeks a temporary injunction preventing his discharge and a declaratory judgment under 28 U. S.C., Sections 2201, 2202, and 5 U.S.C., Section 1009 of the Administrative Procedure Act. A temporary restraining order preventing plaintiff's discharge pending the decision in this case was ordered.

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