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ARNHEITER v. CHAFEE

No. 23825.

435 F.2d 691 (1970)

Marcus A. ARNHEITER, Plaintiff-Appellant, v. John H. CHAFEE, U. S. Secretary of the Navy, Does One through Ten, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 24, 1970.

Attorney(s) appearing for the Case

Marvin E. Lewis (argued), of Lewis, Rouda & Winchell, San Francisco, Cal., for plaintiff-appellant.

Leonard Schaitman (argued), Washington, D. C., Ralph A. Fine, Morton A. Fine, William D. Ruckelshau, Asst. Atty. Gen., Washington, D. C., James L. Browning, U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before CHAMBERS, WRIGHT and TRASK, Circuit Judges.

PER CURIAM:

Appellant, a lieutenant commander of the United States Navy, brought action against the Secretary of the Navy for a declaratory judgment and for relief in the nature of mandamus.

Three months after being given command of a destroyer escort ship, assigned to duty in waters off Vietnam, appellant was relieved of command on March 31, 1966. A hearing was held, with appellant present and represented by counsel. The record was forwarded to the Chief...

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