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McKEAND v. LAIRD

No. 71-2169.

490 F.2d 1262 (1973)

Robert Wallace McKEAND, Petitioner-Appellant, v. Melvin LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 30, 1974.

Attorney(s) appearing for the Case

Burton Marks (argued), Beverly Hills, Cal., for petitioner-appellant.

James R. Dooley, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Los Angeles, Cal., for respondents-appellees.

Before MERRILL and WALLACE, Circuit Judges, and PECKHAM, District Judge.

WALLACE, Circuit Judge:

McKeand, an electronics engineer and an admitted homosexual, had been employed by a government contractor and was granted a secret security clearance in 1960. In 1967, his employer requested that McKeand's clearance be raised to top secret. Subsequent to an administrative investigation and hearing, primarily involving alleged homosexual activity, the hearing examiner concluded that "it is not clearly consistent with the national interest to...

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