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MILLER v. CLAYTOR

No. C-78-1457-WAI.

466 F.Supp. 938 (1979)

Lieutenant D. Craig MILLER, USN, Petitioner-Plaintiff, v. The Honorable W. Graham CLAYTOR, Jr., Secretary of the Navy, Rear Admiral James Grealish, USN, Treasure Island, San Francisco, California, Respondents-Defendants.

United States District Court, N. D. California.

March 15, 1979.

Attorney(s) appearing for the Case

Richard P. Fox, Max Gest, of Richard P. Fox & Max Gest, A Professional Corp., Los Angeles, Cal., for petitioner-plaintiff.

G. William Hunter, Linda C. Jamieson, U. S. Attys., Civil Division, San Francisco, Cal., for respondents-defendants.

MEMORANDUM OF DECISION

INGRAM, District Judge.

Plaintiff and defendants filed cross motions for summary judgment in this action. Upon consideration of the written authorities and oral argument heard on November 3, 1978, it is the opinion of this Court that summary judgment be granted for plaintiff, and that the action be remanded to the Community Essentiality Board, Bureau of Naval Personnel, for further consideration consistent with the views expressed...

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