362 F.2d 801 - Tuggle v. Brown — 362 F.2d 801

How this case has been cited

Cited by 23 later decisions — most recently April 1980

18 federal appellate · 2 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1William A. Harmening, Orlando, Fla., for appellant.

¶2Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee.

¶3Before BROWN and COLEMAN, Circuit Judges, and DAWKINS, District Judge.

¶4PER CURIAM:

¶5This 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*802pears 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.

¶6Affirmed.