GENE CUBBISON, USN, PLAINTIFF-APPELLANT,
v.
HON. MELVIN LAIRD, SECRETARY OF DEFENSE, ET AL., DEFENDANTS-APPELLEES
GENE CUBBISON, USN, PLAINTIFF-APPELLANT,
HON. MELVIN LAIRD, SECRETARY OF DEFENSE, ET AL., DEFENDANTS-APPELLEES
464 F.2d 1393
United States Court of Appeals for the Ninth Circuit (1972)
Opinion of the Court
PER CURIAM:
In our judgment this case on its facts is not distinguishable from Tressan v. Laird, 454 F. 2d 761 (9th Cir. 1972); Miller v. Chafee, 462 F. 2d 335 (9th Cir. 1972); and Strait v. Laird, 464 F. 2d 205 (9th Cir. 1972), and, as in these cases, the record here provides no basis in fact for the determination of the Chief of Naval Personnel that appellant was not sincere in his avowed beliefs.
We conclude that appellant is entitled to his discharge and to the writ in aid thereof.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Lieutenant Commander Elliott R. Tressan v. Hon. Melvin Laird, 454 F.2d 761 (9th Cir. 1972)
- Miller v. The Honorable John A. Chafee, 462 F.2d 335 (9th Cir. 1972)
- Lieutenant John A. Strait v. Laird, 464 F.2d 205 (9th Cir. 1972)