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FOREST v. RESOR

No. 20494.

379 F.2d 881 (1967)

Philip E. FOREST, Appellant, v. Stanley R. RESOR, Secretary of the Army, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 19, 1967.

Petition for Rehearing Denied June 20, 1967.

Attorney(s) appearing for the Case

Mr. Glenn R. Moody, Jr., Washington, D. C., for appellant.

Mr. Geoffrey M. Alprin, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Gil Zimmerman, Asst. U. S. Attys., were on the brief, for appellee.

Messrs. Lawrence Speiser and Emmet V. Mittlebeeler, Washington, D. C., filed a brief on behalf of the American Civil Liberties Union, as amicus curiae, urging reversal.

Before BAZELON, Chief Judge, and McGOWAN and ROBINSON, Circuit Judges.

PER CURIAM:

Appellant, an Army officer given a general discharge on honorable conditions, sued in the District Court for reinstatement and back pay. On crossmotions for summary judgment, that of the appellee was granted; and this appeal is from that action.

Appellant seeks reversal here on a narrow ground. It is that the proceedings culminating in his discharge were invalid in their inception, in that no provision was made for his personal participation in...

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