CORREA v. CLAYTON

No. 75-1879.

563 F.2d 396 (1977)

Staff Sergeant Agustin CORREA, Appellant, v. Honorable William Graham CLAYTON, Jr., Secretary of the Navy, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

October 19, 1977.


Attorney(s) appearing for the Case

Dennis Niles, Hilo, Hawaii, argued; Paul D. Alston, Honolulu, Hawaii, appeared for appellant.

Howard T. Chang, Asst. U. S. Atty., Honolulu, Hawaii, argued for appellees.

Before ELY, HUFSTEDLER, and WRIGHT, Circuit Judges.


ELY, Circuit Judge:

Staff Sergeant Agustin Correa, U.S.M.C., appeals from the District Court's denial of his motion for a preliminary and a permanent injunction restraining the Marine Corps from issuing a general discharge to separate him from the service. He alleged that the administrative discharge procedure employed by the Marine Corps operated to deprive him of due process rights guaranteed by the Fifth Amendment. Correa also appeals from the denial of his motion...

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