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COURTNEY v. SECRETARY OF AIR FORCE

Civ. No. 66-1582.

267 F.Supp. 305 (1967)

Richard W. COURTNEY, Plaintiff, v. SECRETARY OF the AIR FORCE, United States of America, Defendants.

United States District Court C. D. California.

May 12, 1967.

Attorney(s) appearing for the Case

Walter C. Bowman, Los Angeles, Cal., for plaintiff.

Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civ. Div., Herbert M. Schoenberg, Asst. U. S. Atty., Los Angeles, Cal., for defendants.

MEMORANDUM OPINION

FERGUSON, District Judge.

Plaintiff in this action seeks a judgment (1) declaring his discharge as 2nd Lieutenant in the Air Force under conditions other than honorable to be null and void, (2) ordering the Secretary of the Air Force to rescind the discharge and reinstate plaintiff as a commissioned officer, and (3) for damages in the sum of $10,000.00.

The defendants have moved for a summary judgment under Rule 56 of the Federal...

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