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KUBITSCHEK v. CHAFEE

No. 72-2573.

469 F.2d 1221 (1972)

Sonar Technician Surface Second Class John E. KUBITSCHEK, Plaintiff-Appellee, v. John N. CHAFEE, Secretary of the Navy, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 27, 1972.

Attorney(s) appearing for the Case

Walter H. Fleischer, Michael Kimmel, Attys., Dept. of Justice, Washington, D. C., William D. Keller, U. S. Atty., John L. Guth, Asst. U. S. Atty., Los Angeles, Cal., for defendants-appellants.

Richard P. Fox, Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, MOORE and ELY, Circuit Judges.

PER CURIAM:

Appellants have moved "to dispense with briefing and oral argument, to consolidate with Johnson v. Chafee, No. 72-1654; and to submit for disposition on the record in accordance with the decision of the Court in Johnson." The basis for the motion is that the issue in this case is precisely the same as the issue in Johnson v. Chafee, 469 F.2d 1216, C.A. 9, viz., whether an enlisted man whose voluntary written...

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