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

U.S. Court of Appeals for the 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 (8th Cir. 1976)
1976 U.S. App. LEXIS 7425
Gibson, Heaney, Per Curiam, Stephenson

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

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).

Reference

Full Case Name
Master Sergeant George C. BAKER, Appellant, v. Major General John G. WAGGENER, and Honorable Martin Hoffman, Secretary of the Army, Appellees
Status
Published