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HEISEL v. CHALBECK

No. 75-493-Civ-J-T.

405 F.Supp. 361 (1976)

Lawrence L. HEISEL, Plaintiff, v. John A. CHALBECK, Individually and as Commanding Officer, Naval Air Reserve Unit, Naval Air Station, Jacksonville, Florida, et al., Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

January 8, 1976.

Attorney(s) appearing for the Case

John T. Sefton, Jacksonville, Fla., for plaintiff.

Lee S. Carlin, Asst. U. S. Atty., Jacksonville, Fla., for defendants.

ORDER

TJOFLAT, Circuit Judge.

Plaintiff, a Commander in the United States Naval Reserve, seeks injunctive and declaratory relief against defendants in anticipation of his alleged impending involuntary discharge. He alleges that the discharge proceedings that have been commenced against him are based solely on his status as a homosexual. Plaintiff does not deny that he is in fact a homosexual, but rather challenges the constitutionality of the Navy discharging...

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