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PICKELL v. REED

No. 71-1567.

446 F.2d 898 (1971)

Douglas C. PICKELL, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Commander W. C. REED, Individually and as Head, Military Personnel, U. S. Naval Station, Treasure Island et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 21, 1971.

Attorney(s) appearing for the Case

Michael S. Sorgen, San Francisco, Cal., for plaintiff-appellant.

James L. Browning, Jr., U. S. Atty., Brian B. Denton, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before HAMLEY, ELY and WRIGHT, Circuit Judges.

PER CURIAM:

In his complaint for declaratory relief, appellant sought to enjoin the Navy from releasing him with an undesirable discharge. The district court dismissed the complaint and denied a preliminary injunction, 326 F.Supp. 1086.

While his appeal was pending, appellant stipulated with Navy authorities that, subject to the court's approval, he be given an undesirable discharge. This court approved the stipulation...

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