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ONG v. TOVEY

No. 76-1658.

552 F.2d 305 (1977)

William T. ONG, M.D., Plaintiff-Appellee, v. James TOVEY, M.D., Surgery, Karl Urbach, M.D., Director, U.S. Public Health Service Hospital, San Francisco, California, Frederick Dykstra, Chief, Medical Education, Frederick Burris, M.D., Assistant Chief, Surgery, James Kauth, M.D., Assistant Chief, Surgery, James Goebel, M.D., Assistant Chief, Surgery and Chief, Urology, Caspar N. Weinberger, Secretary, U.S. Dept. H.E.W., the Surgeon General, Public Health Service, Individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 8, 1977.

Attorney(s) appearing for the Case

Richard F. Locke, Asst. U.S. Atty., San Francisco, Cal., argued, for defendants-appellants.

John C. Brittain, San Francisco, Cal., Moore & Bell, Oakland, Cal., argued, for plaintiff-appellee; Harold E. McDermid, San Francisco, Cal., appeared.

Before KENNEDY and ANDERSON, Circuit Judges, and BURNS, District Judge.

Rehearing and Rehearing En Banc Denied June 8, 1977.

J. BLAINE ANDERSON, Circuit Judge:

This is an appeal by the Public Health Service (PHS) from a district court decision and permanent injunction which reinstated with back pay a surgical resident who had been terminated from the PHS Hospital's surgical residency program and later terminated from the Commissioned Corps of the PHS for being AWOL. We reverse the decision of the district court and dissolve the...

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