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GLINES v. WADE

No. 76-1412.

586 F.2d 675 (1978)

Albert Edward GLINES, Appellee, v. James L. WADE, Commander 349th Material Airlift Wing, Major General Gonge, Commander 22nd Air Force, John L. McLucas, Secretary of the Air Force, James Schlesinger, Secretary of Defense, Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended November 22, 1978.

Attorney(s) appearing for the Case

John F. Cordes (argued), of Dept. of Justice, Washington, D.C., for appellants.

Melvin K. Dayley, Oakland, Cal., David M. Cobin (argued), St. Paul, Minn., for appellee.

Before GOODWIN and HUG, Circuit Judges, and PALMIERI, District Judge.

GOODWIN, Circuit Judge:

The government appeals a judgment ordering reinstatement in the Air Force, back pay, and declaratory relief which struck down as unconstitutional certain Air Force regulations.

We affirm the nonmonetary parts of the judgment but vacate that portion awarding back pay as beyond the jurisdiction of the district court to grant.

Albert Glines was a Captain in the Air Force Reserves. While...

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