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WALLACE v. CHAPPELL

No. 79-3172.

661 F.2d 729 (1981)

Vernon WALLACE, Robert Lemons, Cornelius Hickey, James Richardson, and George Shannon, Plaintiffs-Appellants, v. Commander George C. CHAPPELL, Lieutenant Commander Kenneth Viafore, Lieutenant Clarence Schultz, Lieutenant Barron Bianco, Lieutenant Kenneth Jordan, EMC Richard McCannon, ICC David Lamser, and MSC Lumberto Papa, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated August 19, 1980.

Ordered Resubmitted February 2, 1981.

Decided November 2, 1981.

Rehearing and Rehearing Denied March 2, 1982.

Attorney(s) appearing for the Case

John Murcko, Oakland, Cal., for plaintiffs-appellants.

Ed Kolker, Asst. U. S. Atty., San Diego, Cal., for defendants-appellees.

Before GOODWIN, HUG, and FLETCHER, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 2, 1982.

FLETCHER, Circuit Judge:

This action was brought by several black Navy enlisted men claiming discrimination on the basis of race. The complaint alleged that plaintiffs' superior officers had assigned them the least desirable duties, excluded them from training programs, given them low performance evaluations, and punished them with unusual severity for minor transgressions. It was further alleged that this...

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