GONZALEZ v. DEPARTMENT OF ARMY

No. 82-4270.

718 F.2d 926 (1983)

Aristides GONZALEZ, Plaintiff-Appellant, v. DEPARTMENT OF the ARMY, Clifford L. Alexander, individually and in his capacity as Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1983.


Attorney(s) appearing for the Case

Carlos Ernesto Duque, San Francisco, Cal., for plaintiff-appellant.

Richard D. Rosen, Washington, D.C., for defendants-appellees.

Before PECK, FLETCHER, and PREGERSON, Circuit Judges.


FLETCHER, Circuit Judge:

Appellant, an Army Major, appeals from the district court's dismissal of his complaint alleging race discrimination in violation of Title VII, 42 U.S.C. § 2000e et seq. (1976 & Supp. V 1981), 42 U.S.C. § 1981 (1976), and 42 U.S.C. § 1983 (Supp. V 1981). The district court dismissed the complaint because it found appellant's claims nonjusticiable and unreviewable, holding that Title VII did not apply to uniformed members...

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