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PAYSON v. FRANKE

No. 15554.

282 F.2d 851 (1960)

Stephen H. PAYSON, Appellant, v. William B. FRANKE, Secretary of the Navy, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 4, 1960.

Attorney(s) appearing for the Case

Mr. Penrose Lucas Albright, Washington, D. C., for appellant.

Mr. Daniel J. McTague, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before PHILLIPS, Senior United States Circuit Judge for the Tenth Circuit, and WILBUR K. MILLER and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

A Navy Department selection board was convened September 24, 1957, to consider the cases of officers of the Civil Engineer Corps of the Navy on active duty eligible for consideration for temporary promotion to the grade of Captain. Three officers were selected. By direction of the Secretary, the selection board also considered the cases of all such officers "with less than twenty years of service" whose records indicated their unsatisfactory...

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