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O'CONNELL v. DAYS

Docket No. 50776.

134 Cal.App.3d 466 (1981)

186 Cal. Rptr. 1

DONALD B. O'CONNELL, Plaintiff and Respondent, v. VIRGINIA MAE DAYS, as Director, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

December 14, 1981.

Attorney(s) appearing for the Case

COUNSEL

H. Dean Stiles for Defendant and Appellant.

Sheldon L. Greene and Greene, Kelley & Tobriner for Plaintiff and Respondent.

OPINION

WHITE, P.J.

Virginia Days, Director of the Department of Veterans Affairs, appeals from the judgment granting peremptory writ of mandate. (1) The sole question of law before us is whether petitioner O'Connell's service as a midshipman at the United States Naval Academy between June 30, 1952, and June 1, 1956, qualifies as "active duty" within the meaning of California Military and Veterans Code section 980

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