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GUERRA v. SCRUGGS

No. 90-1164.

942 F.2d 270 (1991)

Rigoberto GUERRA, Jr., Private, United States Army, Plaintiff-Appellee, v. Hugh F. SCRUGGS, Colonel, Commanding Officer, 7th Special Forces Group, United States Army; Michael W.P. Stone, Secretary of the U.S. Army, and their respective successors, in their official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1991.

Attorney(s) appearing for the Case

Robert V. Zener, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Anthony J. Steinmeyer, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Margaret P. Currin, U.S. Atty., Raleigh, N.C., Lt. Col. Mark A. Steinbeck, Major Raymond J. Jennings, Jr., Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., on brief), for defendants-appellants.

Mark L. Waple, Hutchens & Waple, Fayetteville, N.C., for plaintiff-appellee.

Before ERVIN, Chief Judge, HILTON, District Judge for the Eastern District of Virginia, sitting by designation, and HALLANAN, District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Private Rigoberto Guerra brought suit against Col. Hugh F. Scruggs, Commanding Officer of the 7th Special Forces Group at Fort Bragg, and Michael Stone, Secretary of the Army, in the United States District Court for the Eastern District of North Carolina. He sought a temporary restraining order and a preliminary injunction to prevent his discharge from the Army. Guerra challenged the procedures by which Col. Scruggs decided to...

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