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LUNDGRIN v. CLAYTOR

No. 78-1628.

619 F.2d 61 (1980)

Daryl B. LUNDGRIN, Plaintiff-Appellant, v. W. Graham CLAYTOR, Secretary of the Navy of the United States, and the United States, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Virginius Dabney, McMillan & Browning, Salt Lake City, Utah, for plaintiff-appellant.

Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, for defendants-appellees.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Dr. Daryl B. Lundgrin filed a complaint in district court seeking to enjoin the Navy from ordering him to active duty before completion of the civilian residency program in which he had enrolled. In denying Lundgrin's request for a preliminary injunction, the court concluded that the language of Lundgrin's enlistment contract vested complete discretion in the Navy to disallow a deferment for civilian...

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