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SCHMID v. RUMSFELD

No. C-76-184-CBR.

481 F.Supp. 19 (1979)

John R. SCHMID, Petitioner and Plaintiff, v. Donald RUMSFELD, Secretary of Defense; James V. Middendorf II, Secretary of the Navy; Louis H. Wilson, Jr., Commandant of the Marine Corps; Lieutenant Colonel J. I. Westfall, Commanding Officer, Marine Barracks, Naval Air Station, Alameda, California, Respondents and Defendants.

United States District Court, N. D. California.

October 1, 1979.

Attorney(s) appearing for the Case

Martha Louise Caron, John Vaisey, San Francisco, Cal., for petitioner and plaintiff.

G. William Hunter, U. S. Atty., Patrick Ramirez S. Bupara, Asst. U. S. Atty., San Francisco, Cal., for respondents and defendants.

ORDER GRANTING MOTION TO DISMISS

RENFREW, District Judge.

Plaintiff, an active duty member of the United States Marine Corps at the time this action was commenced, filed suit on January 27, 1976, pursuant to 28 U.S.C. §§ 1331, 1361, 2241, 2242, 2243, and the Fifth Amendment, alleging that his military superiors had willfully denied him his rights as guaranteed by the Fifth Amendment, 10 U.S.C. § 5947, and the Uniform Code of Military Justice...

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