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RIDDLE v. WARNER

No. 74-1702.

522 F.2d 882 (1975)

Lieutenant John H. RIDDLE, JAGC, USN, 515-44-0368, Petitioner-Appellant, v. Honorable John W. WARNER, Secretary of the Navy, and Admiral Clyde J. Van Arsdale, USN, Twelfth Naval District, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

July 10, 1975.

Attorney(s) appearing for the Case

J. H. Riddle, pro se, Marshall M. Goldberg, San Francisco, Cal., William A. Falik, Berkeley, Cal., for petitioner-appellant.

Richard F. Locke, Asst. U. S. Atty., N. D. Cal., San Francisco, Cal., for respondents-appellees.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and HILL, District Judge.

OPINION

HILL, District Judge:

Lieutenant John H. Riddle, JAGC, USN, filed a petition in the federal court for relief in the nature of mandamus and for a writ of habeas corpus, seeking an unconditional release from the Navy. His principal contention is that his acceptance of a commission as a state notary public effected a forfeiture of his commission in the Navy under 10 U.S.C. § 973(b) (1970). The trial court dismissed the petition on the ground that...

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