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CHAVEZ v. FERGUSSON

No. 21944.

395 F.2d 215 (1968)

Pvt. Felix CHAVEZ, Jr., Appellant, v. Major General R. G. FERGUSSON, U. S. Army, Commanding General, Fort Ord, California, Appellee.

United States Court of Appeals Ninth Circuit.

May 17, 1968.

Attorney(s) appearing for the Case

Francis Heisler (argued), of Heisler & Stewart, Carmel, Cal., Peter Franck, Berkeley, Cal., for appellant.

Jerry Cimmet (argued), Asst. U. S. Atty., Charles Elmer Collett, Chief Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS and CARTER, Circuit Judges, and BELLONI, District Judge.

PER CURIAM:

In the district court, 266 F.Supp. 879 Chavez, then an army private, sought to stop by an injunction an army court martial trial on charges of failing to salute an officer. Also, in the same complaint he sought a declaratory judgment that would have compelled his discharge from the army.

Chavez originally enlisted in the army reserve. After he reported for his required six months' active duty, an obligation...

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