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HARTIKKA v. UNITED STATES

No. 84-5604.

754 F.2d 1516 (1985)

Captain Dale M. HARTIKKA, United States Air Force, Plaintiff/Appellee, v. UNITED STATES of America, United States Air Force, and Verne Orr, Secretary of the United States Air Force, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1985.

Attorney(s) appearing for the Case

William G. Smith, Los Angeles, Cal., for plaintiff/appellee.

Marc Richman, U.S. Dept. of Justice, Washington, D.C., for defendants/appellants.

Before SNEED, ANDERSON and FERGUSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

The Air Force appeals the district court's issuance of a preliminary injunction. It contends that the district judge based his ruling on the application of an erroneous legal standard. Specifically, appellants argue that the standard enunciated in Sampson v. Murray, 415 U.S. 61, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974), governs cases where military personnel seek preliminary injunctive relief prohibiting...

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