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RUBY v. SECRETARY OF UNITED STATES NAVY

No. 20473.

365 F.2d 385 (1966)

Donovan Edward RUBY, Appellant, v. SECRETARY OF the UNITED STATES NAVY, Appellee.

United States Court of Appeals Ninth Circuit.

June 2, 1966.

Attorney(s) appearing for the Case

Donovan E. Ruby, in pro. per.

Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, BARNES, HAMLEY, JERTBERG, MERRILL, KOELSCH, BROWNING, DUNIWAY and ELY, Circuit Judges.

HAMLEY, Circuit Judge:

Donovan Edward Ruby commenced this action against the Secretary of the United States Navy to obtain an adjudication that Ruby is entitled to "* * * a legal, lawful and proper discharge or separation and or retirement * * *" from the United States Navy. Pursuant to Rule 12(b), Federal Rules of Civil Procedure, defendant moved to dismiss the complaint. This motion was granted by the district court on...

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