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GARRETT v. LEHMAN

No. 84-5796.

751 F.2d 997 (1985)

Jeffrey W. GARRETT, Plaintiff-Appellant, v. John LEHMAN, Secretary of Navy; Robert Barrow, Commandant, U.S. Marine Corps; and W.H. Rice, Major General, Commanding Officer, U.S. Marine Corps Recruit Depot, San Diego, CA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1985.

Attorney(s) appearing for the Case

Alice L. Cate, La Mesa, Cal., for plaintiff-appellant.

Warren P. Reese, Asst. U.S. Atty., San Diego, Cal., for defendants-appellees.

Before FARRIS, ALARCON, and NORRIS, Circuit Judges.

ALARCON, Circuit Judge:

Appellant, Jeffrey Garrett, a former Marine Corporal, was relieved of duty with an "other than honorable discharge" pursuant to the recommendation of the Military Administrative Discharge Board (hereinafter the Board). He appealed to the district court, which granted summary judgment in favor of appellees (hereinafter the Marines Corps). Garrett seeks reversal on several grounds. He also asks this court to extend the exclusionary rule to military...

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