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AUSTIN v. UNITED STATES

No. 22386.

412 F.2d 1187 (1969)

John S. AUSTIN, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Ninth Circuit.

July 31, 1969.

Attorney(s) appearing for the Case

William F. Gavin (argued), San Diego, Cal., for appellant.

Raymond F. Zvetina (argued), Asst. U. S. Atty., Edwin L. Miller, U. S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and WHELAN, District Judge.

PER CURIAM:

The Chief of Naval Personnel, following the recommendation of an Administrative Discharge Board made after a hearing, directed the Commanding Officer of the U. S. Naval Air Station at San Diego, California, to give John Samuel Austin an undesirable discharge by reason of misconduct. Before the order was executed Austin commenced suit in the United States District Court for a declaratory judgment that he be retained...

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