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KALISTA v. SECRETARY OF NAVY

Civ. A. No. 82-K-1135.

560 F.Supp. 608 (1983)

John P. KALISTA, Plaintiff, v. The SECRETARY OF the NAVY, the Board for Correction of Naval Records and the Naval Discharge Review Board, Defendants.

United States District Court, D. Colorado.

March 29, 1983.

Attorney(s) appearing for the Case

Richard M. Borchers, Westminster, Colo., for plaintiff.

Robert N. Miller, U.S. Atty., and John Barksdale, Asst. U.S. Atty., Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

When charged and convicted by civilian authorities on several felony counts, plaintiff was given an undesirable discharge from the United States Marine Corps. In this action plaintiff seeks to have that discharge upgraded under this court's equitable and mandamus powers. Plaintiff is not seeking reinstatement into the Marine Corps. Subject matter jurisdiction rests in Title 28 U.S.C. § 1331 and 1361...

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