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BELLER v. MIDDENDORF

Nos. 77-1354, 77-1671 and 77-2461.

632 F.2d 788 (1980)

AG 1 Dennis R. BELLER, Plaintiff-Appellant, v. The Honorable J. William MIDDENDORF, Secretary of the Navy, et al., Defendants-Appellees. James Lee MILLER, Plaintiff-Appellant, v. Donald H. RUMSFELD, Secretary of Defense, et al., Defendants-Appellees. Mary Roseann SAAL, Plaintiff-Appellee, v. J. William MIDDENDORF, Secretary of the United States Navy, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1980.

Rehearing Denied November 21, 1980.

Attorney(s) appearing for the Case

Richard P. Fox, Los Angeles, Cal., for Beller.

John Vaisey, San Francisco, Cal., for Miller.

James L. Browning, Jr., San Francisco, Cal., on brief; Harland F. Leathers, Washington, D.C., Mary C. Dunlap, San Francisco, Cal., for Middendorf.

Before BROWNING and KENNEDY, Circuit Judges, and CHRISTENSEN, District Judge.

Rehearing Denied in No. 77-1354 November 21, 1980.

KENNEDY, Circuit Judge:

Although the factual and procedural settings of these three consolidated appeals differ, the broad outlines are similar: an enlisted person in the Navy, with an otherwise fine performance record, admitted engaging in homosexual acts, conduct prohibited by Navy regulations. Following proceedings before an administrative discharge board and review by the Secretary of the Navy, each was...

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