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SOHM v. FOWLER

Nos. 18771, 19014.

365 F.2d 915 (1966)

George W. SOHM, Appellant, v. Henry H. FOWLER, Secretary of the Treasury, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 16, 1966.

Attorney(s) appearing for the Case

Mr. John J. Moss, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, and Mr. O. John Rogge, Washington, D. C., with whom Mr. Lawrence C. Moore, Washington, D. C., was on the brief, for appellant.

Mr. Robert B. Norris, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellees. Messrs. Daniel J. McTague and John A. Terry, Asst. U. S. Attys., also entered appearances for appellees.

Before BAZELON, Chief Judge, and DANAHER and WRIGHT, Circuit Judges.

BAZELON, Chief Judge:

Appellant was a lieutenant commander in the United States Coast Guard when he was ordered into retirement. In this suit he challenges the order on a variety of constitutional, statutory and procedural grounds.

Beginning in 1959, appellant was passed over for promotion by three separate Coast Guard selection boards, and by action of the last board he was placed permanently out of line of promotion. The Coast Guard then sought to retire...

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