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CLARK v. WIDNALL

No. 94-1208.

51 F.3d 917 (1995)

Captain Steven J. CLARK, USAFR, Petitioner-Appellee, v. Sheila WIDNALL, Honorable, Secretary of the Air Force; James H. White, Colonel, Commander, Air Reserve Personnel Center, Lowry Air Force Base, Denver, Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

April 4, 1995.

Attorney(s) appearing for the Case

Frank W. Hunger, Asst. Atty. Gen., Washington, DC, Henry L. Solano, U.S. Atty., Denver, CO, and Barbara C. Biddle and Robert D. Kamenshine, Attys., Appellate Staff, Dept. of Justice, Washington, DC, on the briefs, for respondents-appellants.

John A. Wickham of Gary Myers & Associates, Evergreen, CO, on the brief, for petitioner-appellee.

Before MOORE, ANDERSON, and TACHA, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The Secretary of the Air Force, Sheila Widnall, appeals the district court's order granting Captain Steven J. Clark a preliminary injunction prohibiting his call to active duty. Because the district court ignored the explicit requirement of the contract between the parties calling for resolution of disputes in a military tribunal and otherwise failed to give proper deference to military authority, it erroneously concluded Clark had established...

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