Master Sergeant George C. Baker v. Major General John G. Waggener, and Honorable Martin Hoffman, Secretary of the Army

Eighth Circuit

Master Sergeant George C. Baker v. Major General John G. Waggener, and Honorable Martin Hoffman, Secretary of the Army

539 F.2d 1196, 1976 U.S. App. LEXIS 7425

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 25, 1976

Docket75-1883

StatusPublished

This text of 539 F.2d 1196 (Master Sergeant George C. Baker v. Major General John G. Waggener, and Honorable Martin Hoffman, Secretary of the Army) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Master Sergeant George C. Baker v. Major General John G. Waggener, and Honorable Martin Hoffman, Secretary of the Army, 539 F.2d 1196, 1976 U.S. App. LEXIS 7425 (8th Cir. 1976).

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Opinion

*1197 PER CURIAM.

This case raises the issue as to whether a noncommissioned officer of the United States Army, who has been discharged “for the convenience of the Government” pursuant to Paragraph 5-3, Army Regulation 635-200, may seek a preliminary injunction in the District Court staying his discharge prior to the exhaustion of administrative remedies. The District Court held that he may not under the circumstances of this case, and we affirm. Horn v. Schlesinger, 514 F.2d 549 (8th Cir. 1975). See Sampson v. Murray, 415 U.S. 61, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974).

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*1197 PER CURIAM.

This case raises the issue as to whether a noncommissioned officer of the United States Army, who has been discharged “for the convenience of the Government” pursuant to Paragraph 5-3, Army Regulation 635-200, may seek a preliminary injunction in the District Court staying his discharge prior to the exhaustion of administrative remedies. The District Court held that he may not under the circumstances of this case, and we affirm. Horn v. Schlesinger, 514 F.2d 549 (8th Cir. 1975). See Sampson v. Murray, 415 U.S. 61, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974).

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539 F.2d 1196, 1976 U.S. App. LEXIS 7425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/master-sergeant-george-c-baker-v-major-general-john-g-waggener-and-ca8-1976.

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