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SHERWOOD v. BROWN

No. 78-2475.

619 F.2d 47 (1980)

Ronald B. SHERWOOD, Appellant, v. Harold BROWN, Secretary of Defense, J. William Middendorf, Secretary of the Navy; Captain D. B. Pringoe, Commanding Officer, Naval Air Station Miramar, Appellees.

United States Court of Appeals, Ninth Circuit.

May 19, 1980.

Attorney(s) appearing for the Case

G. T. S. Khalsa, San Francisco, Cal. (argued), and Ram Das Singh Khalsa, Los Angeles, Cal., on brief, for appellant.

John R. Neece, Asst. U. S. Atty., San Diego, Cal., argued, for appellees; Joseph T. Cook, Asst. U. S. Atty., San Diego, Cal., on brief.

Before ELY and WALLACE, Circuit Judges, and KING, District Judge.

PER CURIAM:

Sherwood appeals the dismissal on summary judgment of his complaint challenging the constitutionality of his court-martial and discharge from the United States Navy. In November 1973, four years after he enlisted in the Navy, Sherwood took the vows of a member of the Sikh religion. Those vows require, in part, that:

[A] Sikh will not alter his human form from the way the Creator has created it, thereby not removing or permitting to be removed...

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