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MONTGOMERY v. RUMSFELD

No. 76-2905.

572 F.2d 250 (1978)

SP/4 A. R. MONTGOMERY, IV, Pvt. James D. Baker, Pvt. J. H. Crees, PFC Ferard Denion, Pvt. Timothy H. Ford, Pvt. Herbert A. Gambill, PFC Ronald J. Grace, Pvt. David Duncan Mac Donald, Pvt. Timothy W. Niver, PFC Jon Darrel Stauffer and Pvt. Alan F. Terry, and all other similarly situated Petitioners, Petitioners-Appellants, v. Donald RUMSFELD, Secretary of Defense, Martin R. Hoffmann, Secretary of the Army, Colonel Samuel L. Stapleton, Commandant, Defense Language Institute, Presidio of Monterey, and Major General M. C. Ross, Seventh Infantry, Fort Ord and Fort Ord, California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

March 23, 1978.

Attorney(s) appearing for the Case

Francis Heisler (argued), of Heisler, Stewart, Silver & Daniels, Carmel, Cal., for petitioners-appellants.

George C. Stoll, Asst. U. S. Atty. (argued), San Francisco, Cal., for respondents-appellees.

Before WALLACE and SNEED, Circuit Judges, and BOLDT, District Judge.

WALLACE, Circuit Judge:

Montgomery and other Army recruits (appellants) appeal the judgment of the district court denying certification of a class under Rule 23, Fed.R.Civ.P., denying their motion to bring in additional plaintiffs by an amended complaint, and dismissing without prejudice their action in which they seek a writ of habeas corpus and other relief to avoid further obligations under their enlistment contracts. We affirm in part, vacate and remand in part...

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