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CUBBISON, USN v. LAIRD

No. 71-2100.

464 F.2d 1393 (1972)

Gene CUBBISON, USN, Plaintiff-Appellant, v. Hon. Melvin LAIRD, Secretary of Defense, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 11, 1972.

Attorney(s) appearing for the Case

Michael Pancer (argued), Alex Landon, of Pancer & Stephens, La Jolla, Cal., Milton J. Silverman, of Silverman, Gusky & Barry, San Diego, Cal., for plaintiff-appellant.

John Neece, Asst. U. S. Atty. (argued), Frederick B. Holoboff, Robert H. Filsinger, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for defendants-appellees.

Before MERRILL and ELY, Circuit Judges, and LUCAS, District Judge.

PER CURIAM:

In our judgment this case on its facts is not distinguishable from Tressan v. Laird, 454 F.2d 761 (9th Cir. 1972); Miller v. Chafee, 462 F.2d 335 (9th Cir. 1972); and Strait v. Laird, 464 F.2d 205 (9th Cir. 1972), and, as in these cases, the record here provides no basis in fact for the determination of the Chief of Naval Personnel that appellant was not...

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