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

> Court of Appeals for the Fifth Circuit · August 11, 1966 · 362 F.2d 801

URL: https://www.frixlaw.com/law-library/cases/272315

## Case

- **Full name:** James C. TUGGLE, Appellant, v. Harold BROWN, Secretary of the Air Force, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 11, 1966
- **Citations:** 362 F.2d 801
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Brown, Coleman, Dawkins, Per Curiam
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/272315

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/272315. Public record. Not legal advice.