Opinion

James C. Tuggle v. Harold Brown, Secretary of the Air Force

  • 362 F.2d 801
Court
Court of Appeals for the Fifth Circuit
Filed
Aug 11, 1966
Status
Published
On the bench
Brown, Coleman, Dawkins, Per Curiam
Cited by
17 cases
Authority
More cited than 93.4%

The opinion

PER CURIAM:

This appeal is from the denial of Airman Tuggle’s motion that the Secretary be temporarily enjoined from granting him an undesirable discharge from the Air Force and from the dismissal of his complaint seeking both a temporary and permanent injunction. Because it ap

*802

pears that Appellant has yet to exhaust available post-discharge administrative remedies, following our recent decision in McCurdy v. Zuckert, 5 Cir., 1966, 359 F.2d 491 [Apr. 14, 1966], we hold that resort to the District Court was premature. See Beard v. Stahr, 1962, 370 U.S. 41 , 82 S.Ct. 1105 , 8 L.Ed.2d 321 ; Michaelson v. Herren, 2 Cir., 1957, 242 F.2d 693 . But see Covington v. Schwartz, 9 Cir., 1965, 341 F.2d 537 ; Ogden v. Zuckert, 1961, 111 U.S.App.D.C. 398 , 298 F.2d 312 ; Reed v. Franke, 4 Cir., 1961, 297 F.2d 17 . The District Court properly dismissed the complaint.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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