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STRUCK v. SECRETARY OF DEFENSE

No. 71-1150.

460 F.2d 1372 (1971)

Captain Susan R. STRUCK, Plaintiff-Appellant, v. SECRETARY OF DEFENSE et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing and Rehearing May 4, 1972.

Attorney(s) appearing for the Case

Jan E. Peterson, (argued), Seattle, Wash., David McGoldrick, Tacoma, Wash., Michael H. Rosen, Seattle, Wash., for plaintiff-appellant.

Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal. (argued), L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., for defendants-appellees.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the United States Court of Claims, and DUNIWAY, Circuit Judge.

As Modified on Denial of Rehearing and Rehearing In Banc May 4, 1972.

MADDEN, Judge:

Captain Susan R. Struck, of the United States Air Force, hereinafter sometimes referred to as the appellant, brought the action from which the instant appeal arises, in the United States District Court for the Western District of Washington. Her suit sought a permanent injunction and declaratory relief "To Prevent Unlawful Discharge from Military Service." The Air Force filed...

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