SEEPE v. DEPARTMENT OF THE NAVY

No. 74-1799.

518 F.2d 760 (1975)

Michael C. SEEPE, Private, United States Marine Corps, Petitioner-Appellee, v. DEPARTMENT OF THE NAVY et al., Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

May 23, 1975.


Attorney(s) appearing for the Case

John L. Bowers, Jr., U. S. Atty., Chattanooga, Tenn., Carla A. Hills, Asst. Atty. Gen., Leonard Schaitman, Paul Blankenstein, Attys., Dept. of Justice, Washington, D. C., for respondents-appellants.

Don W. Poole, Chattanooga, Tenn., for petitioner-appellee.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.


EDWARDS, Circuit Judge.

The question presented by this appeal, as we see it, is: Where no emergency, hardship or futility exception is present in a case where an enlisted man claims breach by a branch of the military services of his enlistment contract and he has a statutorily provided appeal within the service which could give complete relief, should a Federal District Court require exhaustion of administrative remedies before granting judicial review?

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