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GONZALES SALCEDO v. LAUER

No. 25561.

430 F.2d 1282 (1970)

Enrique GONZALES SALCEDO, Appellant, v. Lt. Col. Richard F. LAUER et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 11, 1970.

Attorney(s) appearing for the Case

Allen D. Lenard (argued), Los Angeles, Cal., for appellant.

J. F. Bishop (argued), Atty., Morton Hollander, Atty., Dept. of Justice; Wm. D. Ruckelshaus, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellees.

Before HAMLEY and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

Appellant filed this action for a declaratory judgment, injunction and mandamus on October 6, 1969. At the time, as a member of the United States Army, he was under orders to report to Fort Dix, New Jersey on October 8, 1969 for processing for overseas service in Germany and was in the Central District of California on military leave and not under orders requiring his presence there.

Plaintiff alleged...

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