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FERRELL v. SECRETARY OF DEFENSE

No. 81-2063. Summary Calendar.

662 F.2d 1179 (1981)

Neil L. FERRELL, Petitioner-Appellant, v. SECRETARY OF DEFENSE, Secretary of the Navy and Commanding Officer, NAS, Corpus Christi, Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

December 7, 1981.

Attorney(s) appearing for the Case

Joel E. Bair, Corpus Christi, Tex., for petitioner-appellant.

Robert Darden, Asst. U.S. Atty., Houston, Tex., for respondents-appellees.

Before CHARLES CLARK, Chief Judge, RUBIN and SAM D. JOHNSON, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Seeking honorable discharge from his military commitment, appellant Ferrell filed a federal habeas petition alleging that the Navy had breached his enlistment contract by not placing him in the Active Mariner Apprenticeship Training Program ("Mariner Program"). The pertinent facts being undisputed, we affirm the district court's denial of relief because Ferrell has not shown this breach of his enlistment contract to have been a material...

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