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SAAL v. MIDDENDORF

No. C-73-1299 WWS.

427 F.Supp. 192 (1977)

Mary Roseann SAAL, Plaintiff, v. J. William MIDDENDORF, Secretary of the United States Navy, in his official capacity, Defendant.

United States District Court, N. D. California, Civil Division.

February 8, 1977.

Attorney(s) appearing for the Case

Mary C. Dunlap, Nancy L. Davis, Jo Ann Chandler, Joan Messing Graff, Equal Rights Advocates, Inc., San Francisco, Cal., for plaintiff.

James L. Browning, Jr., U. S. Atty., Richard F. Locke, Asst. U. S. Atty., Civ. Div., San Francisco, Cal., for defendant.

OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT

SCHWARZER, District Judge.

In this action plaintiff challenges on due process grounds the validity of Instruction 1900.9A issued by the Secretary of the Navy and entitled "Policy for the Separation of Members of the Naval Service by Reason of Homosexuality." Paragraph 4.a states the policy to be as follows:

"Members involved in homosexuality are military...

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