McCURDY v. ZUCKERT

No. 23143.

359 F.2d 491 (1966)

Rufus R. McCURDY, Jr., Appellant, v. Eugene M. ZUCKERT, Secretary of the Air Force, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 6, 1966.


Attorney(s) appearing for the Case

Edward R. Kirkland, Orlando, Fla., for appellant.

Charles S. Carrere, Asst. U. S. Atty., Tampa, E. J. Salcines, Jr., Asst. U. S. Atty., Tampa, Fla., Edward F. Boardman, U. S. Atty., for appellee.

Before RIVES and GEWIN, Circuit Judges, and ALLGOOD, District Judge.


RIVES, Circuit Judge:

This appeal is from the denial of Sergeant McCurdy's motion that the Secretary be temporarily enjoined from discharging him from the Air Force. Pursuant to Air Force Regulation No. 39-17 relating to the "Discharge of Airmen Because of Unfitness," a Board of Officers convened at McCoy Air Force Base, Florida, which recommended:

"That Senior Master Sergeant Rufus R. McCurdy, Jr. be discharged...

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