No. 20020.

377 F.2d 154 (1967)

Harold BROWN, Secretary of the Air Force, Appellant, v. Leonard GAMAGE, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 30, 1967.

Petition for Rehearing Denied May 23, 1967.

Attorney(s) appearing for the Case

Mr. David L. Rose, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David G. Bress, U. S. Atty., and Edward Berlin, Atty., Dept. of Justice, were on the brief, for appellant. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellant.

Mr. Alfred L. Scanlan, Washington, D. C., and Mr. John G. Sobieski, Los Angeles, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, for appellee.

Before BAZELON, Chief Judge, BURGER, Circuit Judge, and EDWARDS, Circuit Judge for the United States Court of Appeals for the Sixth Circuit.

Petition for Rehearing en banc Denied May 23, 1967.

EDWARDS, Circuit Judge:

In this case Lieut. Col. Leonard A. Gamage appeals from his compelled discharge from the active service of the United States Air Force. The Board of Inquiry which heard and sustained charges against him of falsifying weather reports accorded him an honorable discharge with retirement pay.

In the declaratory judgment proceedings brought before the United States District Court...


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