Enrique Gonzales Salcedo v. Lt. Col. Richard F. Lauer
Opinion
Opinion
Appellant filed this action for a declaratory judgment, injunction and mandamus on October 6, 1969. At the time, as a member of the United States Army, he was under orders to report to Fort Dix, New Jersey on October 8, 1969 for processing for overseas service in Germany and was in the Central District of California on military leave and not under orders requiring his presence there.
Plaintiff alleged that he was fraudulently induced to enlist in the military service and sought a declaratory adjudication that the enlistment was illegal and void, injunctive relief against enforcement of the military orders requiring him to report at Fort Dix, and a writ of mandamus compelling his discharge from the service.
The District Court, after a hearing, granted a preliminary injunction. Subsequently, the defendants renewed their motion to dismiss, citing Jarrett v. Resor, 9 Cir., 426 F.2d 213 , decided January 23, 1970 by this Court and later amended. Upon reconsideration, the District Court dismissed the action for lack of jurisdiction but continued the preliminary injunction in force pending appeal. Salcedo remains at large in California freed of military restraint.