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BENSON v. HOLLOWAY

Civ. No. 03488.

312 F.Supp. 49 (1970)

Scott F. BENSON, Plaintiff, v. Bruce K. HOLLOWAY, individually and as Commanding General of the Strategic Air Command, and as Discharge Authority at Offutt Air Force Base, Nebraska, and Dr. Robert C. Seamans, Jr., individually and as Secretary of the United States Air Force, Defendants.

United States District Court, D. Nebraska.

April 14, 1970.

Attorney(s) appearing for the Case

William Monahan, Omaha, Neb., for plaintiff.

William Schaphorst, Asst. U. S. Atty., for defendants.

MEMORANDUM AND ORDER

RICHARD E. ROBINSON, Chief Judge.

This matter comes before the Court pursuant to plaintiff's complaint, jurisdiction being based upon Section 10 of the Administrative Procedure Act [5 U. S.C.A. §§ 702, 703] and the provisions of the Declaratory Judgment Act [28 U.S.C.A. §§ 2201, 2202]. Hearing was had on plaintiff's motion for a preliminary injunction, included in plaintiff's complaint, and a motion to dismiss or...

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