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RASMUSSEN v. SEAMANS

No. 461-70.

432 F.2d 346 (1970)

Vern C. RASMUSSEN, Appellant, v. Robert Channing SEAMANS, Jr., Secretary of the Air Force, a subdivision of the Department of Defense of the United States of America, and William G. Miller, Lt. Col., United States Air Force and Commander of the 138th Electronics Installation Squadron of the Air National Guard, Appellees.

United States Court of Appeals, Tenth Circuit.

October 7, 1970.

Attorney(s) appearing for the Case

Joseph Saint-Veltri, Denver, Colo. (Davies & Dikeou, Denver, Colo., with him on the brief), for appellant.

Milton Branch, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver Colo., with him on the brief), for appellees.

Before LEWIS, Chief Judge, and SETH and HOLLOWAY, Circuit Judges.

PER CURIAM.

Appellant seeks injunctive and other relief against an order calling him up for 18 months of active duty with the Air Force.1 The order was issued for unsatisfactory performance of duties (failure to attend drills) in the Colorado Air National Guard. No direct attack is made in the suit on the order as an abuse of discretion. Instead, appellant asserts two legal grounds which he says...

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