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NELSON v. MILLER

No. 16069.

373 F.2d 474 (1967)

Kenneth Wayne NELSON, Appellant, v. Charles K. MILLER, Captain, United States Navy, etc., et al.

United States Court of Appeals Third Circuit.

Decided February 13, 1967.

Rehearing Denied March 13, 1967.

Attorney(s) appearing for the Case

James J. Orlow, Philadelphia, Pa., for appellant.

David L. Rose, Atty., Dept. of Justice, Appellate Section, Civil Div., Washington, D. C. (J. William Doolittle, Acting Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Morton Hollander, Howard J. Kashner, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before STALEY, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

The appellant, Kenneth Wayne Nelson, sought a declaratory judgment and injunctive relief in the United States District Court for the Eastern District of Pennsylvania pursuant to 28 U.S.C. §§ 2201, 2202 and 5 U.S.C. § 1009, to restrain the appellees, officers and an official of the United States Navy, from discharging him from the service. This appeal is taken from the order of the District Court...

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