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NIXON v. SECRETARY OF NAVY

No. 412, Docket 34128.

422 F.2d 934 (1970)

Robert W. NIXON, Plaintiff-Appellant, v. SECRETARY OF the NAVY, Defendant-Respondent.

United States Court of Appeals, Second Circuit.

Decided February 3, 1970.

Attorney(s) appearing for the Case

George J. Robertazzi, Brooklyn, N. Y., for appellant.

Morton Hollander, Department of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Edward R. Neaher, U. S. Atty., Eastern District of New York, and J. F. Bishop, Department of Justice, Washington, D. C., on the brief), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This is an appeal from a judgment and order of the District Court for the Eastern District of New York, denying in an unreported opinion the application of the petitioner Nixon for a declaratory judgment and writ of mandamus requiring the Secretary of the Navy to cancel a two-year enlistment extension agreement and discharge appellant from the Navy.

On February 5, 1965, the appellant enlisted...

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