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GUERRERO v. MARSH

No. 86-1861.

819 F.2d 238 (1987)

Francisco A. GUERRERO, Petitioner-Appellant, v. John O. MARSH, Jr., Secretary of the United States Army, in his official capacity, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1987.

Attorney(s) appearing for the Case

Howard J. DeNike, San Francisco, Cal., for petitioner-appellant.

Captain Mark Landes, Dept. of the Army, Washington, D.C., for respondent-appellee.

Before HUG, NELSON and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Francisco A. Guerrero appeals from a dismissal of his petition for a writ of mandamus against John O. Marsh, Secretary of the Army. We reverse the dismissal and grant the writ.

FACTS

On March 20, 1947 Francisco A. Guerrero was granted an honorable discharge from the Army of the United States. The discharge identified him as born January 6, 1919 in Baguio. His rank was that of Staff Sergeant, Headquarters Company, Second Battalion...

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