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COLLINS v. RUMSFELD

Nos. 75-2935, 75-2967, 75-3238, 75-3432, 75-3348 and 75-3559.

542 F.2d 1109 (1976)

Earl B. COLLINS et al., Plaintiffs-Appellees and Cross-Appellants, v. Donald H. RUMSFELD et al., Defendants-Appellants and Cross-Appellees and other consolidated cases.

United States Court of Appeals, Ninth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

Eric A. Seitz (argued), Honolulu, Hawaii, for appellants in No. 75-2935 and appellees in No. 75-2967.

Robert E. Kopp, Atty. and Neil H. Koslowe, Atty. (argued), of U.S. Dept. of Justice, Washington, D. C., for appellants in Nos. 75-2967, 75-3238, 75-3432, 75-3559.

Scott J. Tepper (argued), of Garfield & Tepper, Los Angeles, Cal., for appellants in Nos. 75-2935, 75-3348 and appellees in Nos. 75-3432, 75-2967, 75-3238, 75-3559.

Neil H. Koslowe, Atty. (argued), of U.S. Dept. of Justice, Washington, D. C., for appellees in Nos. 75-2935, 75-3348.

Before CHAMBERS and SNEED, Circuit Judges, and SWEIGERT, District Judge.

SNEED, Circuit Judge:

These are cases in which the not unreasonable expectations of the plaintiffs must be disappointed in order to serve the common good as perceived by Congress. This provides little comfort to the plaintiffs who are enlisted naval personnel, but our recognition of this perception of Congress extinguishes any power on our part to intervene.

In brief, the cases amount to this. The plaintiffs, while on active duty in the Navy, entered into...

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