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WILKINS v. U.S.

No. 00-55117.

279 F.3d 782 (2002)

Ronald G. WILKINS, Plaintiff-Appellant, v. UNITED STATES of America; Richard Danzig, Secretary of the Navy; Daniel T. Oliver, Vice Admiral, Chief of Naval Personnel; Anderson B. Holderby, Jr., Rear Admiral, Chief of Chaplains, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2002.

Attorney(s) appearing for the Case

Arthur A. Schulcz, Sr., Vienna, VA, for the plaintiff-appellant.

Patrick K. O'Toole, United States Attorney, Peter J. Sholl, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the defendants-appellees.

Before: FERNANDEZ, KLEINFELD, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

This case arises from a military chaplain's claims that the Navy unconstitutionally administers its Chaplain Corps to prefer certain religious denominations. Ronald G. Wilkins, a non-liturgical protestant chaplain, filed a pro se complaint, requesting damages as well as declaratory and injunctive relief. The district court dismissed the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1...

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