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CUADRA v. RESOR

No. 26510.

437 F.2d 1211 (1970)

Richard CUADRA, Plaintiff and Appellant, v. Stanley R. RESOR, as Secretary of the Army et al., Appellees.

United States Court of Appeals, Ninth Circuit.

December 8, 1970.

Attorney(s) appearing for the Case

Armando M. Menocal, III (argued), Alex Saldamando, Michael S. Sorgen, San Francisco, Cal., for plaintiff and appellant.

Richard Locke (argued), Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellees.

Before CHAMBERS, JERTBERG and TRASK, Circuit Judges.

PER CURIAM:

Cuadra's second application for hardship discharge recited a previous similar application.

Army regulations, under such circumstances, required the army to get Selective Service advice before decision. This was not done. After decision, denying the discharge, with the issue in court, the army then sought Selective Service advice. Selective Service recommended against the discharge. The army reaffirmed...

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