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NOVAK v. RUMSFELD

No. C-75-2438, WHO.

423 F.Supp. 971 (1976)

Ronald G. NOVAK, Jr., MM3, United States Navy, No. 272-58-7813, and Gary David Bowie, MM3, USN, 553-04-0229, Petitioners, v. Donald RUMSFELD, Secretary of Defense, et al., Respondents.

United States District Court, N. D. California.

March 31, 1976.

Attorney(s) appearing for the Case

Julie Kesler-Goeltz, Marjory A. Kaplan, Richmond, Cal., for petitioners.

James L. Browning, Jr., U. S. Atty., Stephen A. Shefler, Asst. U. S. Atty., San Francisco, Cal., for respondents.

OPINION

ORRICK, District Judge.

Petitioners, Ronald G. Novak and Gary D. Bowie, are currently enlisted in the United States Navy for terms of six years. By petitioning for a writ of habeas corpus they seek to be discharged, alleging that the Navy has materially breached its contractual obligation by failing to place petitioners in a Nuclear Field Training Program. In this era of a volunteer military establishment, modern contract principles apply...

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