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DILIBERTI v. BROWN

No. 77-1412.

583 F.2d 950 (1978)

Major Angelo M. DILIBERTI, Plaintiff-Appellee, v. Harold BROWN, Secretary of Defense, etc., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied August 31, 1978.

September 14, 1978.

Attorney(s) appearing for the Case

John F. Cordes, Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

George C. Pontikes, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and SPRECHER and TONE, Circuit Judges.

TONE, Circuit Judge.

This is an appeal from a preliminary injunction enjoining the Secretary of Defense, et al., from discharging plaintiff from the Army Reserve or ordering him retired until the administrative appeal of his discharge is completed. We hold that, since plaintiff can obtain adequate relief through the administrative process, the judicial relief granted was premature.

Two days before he was scheduled...

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