Donovan Edward Ruby v. Secretary of the United States Navy
Court of Appeals for the Ninth Circuit
1Opinion of the Court
*387HAMLEY, Circuit Judge:
Donovan Edward Ruby commenced this action against the Secretary of the United States Navy to obtain an adjudication that Ruby is entitled to “ * * * a legal, lawful and proper discharge or separation and or retirement * * *» from the United States Navy. Pursuant to Rule 12(b), Federal Rules of Civil Procedure, defendant moved to dismiss the complaint. This motion was granted by the district court on June 17, 1965 on the ground that the matter in dispute is res judicata. On July 8, 1965, Ruby moved to vacate and set aside this order, which motion was denied on the day it…
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