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KIMBALL v. COMMANDANT TWELFTH NAVAL DISTRICT

No. 24977.

423 F.2d 88 (1970)

Grant P. KIMBALL, Plaintiff-Appellant, v. COMMANDANT TWELFTH NAVAL DISTRICT, San Francisco, California, Does I Through XX, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 25, 1970.

Attorney(s) appearing for the Case

R. Jay Engel (argued), Anne F. Cumings (argued), San Francisco, Cal., for plaintiff-appellant.

Jerry K. Cimmet (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before BARNES, MERRILL and CARTER, Circuit Judges.

BARNES, Circuit Judge.

Appellant sought a temporary restraining order and further injunctive relief barring his removal from the Northern District of California pending action by the Navy on his request for in-service conscientious objector classification (I-AO). Initially the case was heard as an ex parte matter on October 16, 1969, but after a brief recess an assistant United States attorney appeared for the appellee and the cause was fully argued by both sides...

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