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OGDEN v. ZUCKERT

No. 16283.

298 F.2d 312 (1961)

William B. OGDEN, Appellant v. Eugene M. ZUCKERT, Secretary of the Air Force, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 14, 1961.

Attorney(s) appearing for the Case

Mr. John L. Kilcullen, Washington, D. C., for appellant.

Mr. Arnold T. Aikens, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Charles T. Duncan, Principal Asst. U. S. Atty., were on the brief for appellee. Mr. Daniel J. McTague, Asst. U. S. Atty., also entered an appearance for appellee. Mr. Oliver Gasch, U. S. Atty., at the time the record was filed, and Mr. Carl W. Belcher, Asst. U. S. Atty., at the time the record was filed, also entered appearances for appellee.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

FAHY, Circuit Judge.

Appellant, William B. Ogden, to whom we shall refer as plaintiff, is a commissioned Air Force officer with a record of sixteen years active service as a pilot, navigator and bombardier, including combat service during World War II. The appellee, defendant, is the Secretary of the Air Force.

Plaintiff reached the rank of major with an unblemished record. In 1957 he was found to be suffering from severe chronic anxiety and chronic bronchitis...

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