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HARY v. UNITED STATES

No. 239-74.

618 F.2d 704 (1980)

Robert L. HARY v. The UNITED STATES.

United States Court of Claims.

March 19, 1980.

Attorney(s) appearing for the Case

Neil B. Kabatchnick, Washington, D. C., attorney of record, for plaintiff; Richard L. Swick, Washington, D. C., of counsel.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

Before DAVIS, KASHIWA and SMITH, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DAVIS, Judge:

This is another in the crowded parade of suits by former military officers who have been separated from the service, denied promotion, or relieved from active duty, allegedly on the basis of defective officer effectiveness reports (OERs). Plaintiff Robert L. Hary was appointed a second lieutenant in the Air Force in 1958 and served on active duty until discharged in 1973. At the time of his separation he...

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