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VAN BOURG v. NITZE

No. 20584.

388 F.2d 557 (1967)

Mitchell VAN BOURG, Appellant, v. Paul H. NITZE, Secretary of the Navy, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 17, 1967.

Attorney(s) appearing for the Case

Mr. Chester C. Shore, Washington, D. C., with whom Messrs. Jack Wasserman and David Carliner, Washington, D. C., were on the brief, for appellant.

Mr. George B. Searls, Attorney, Department of Justice, with whom Asst. Atty. Gen. J. Walter Yeagley, Mr. Kevin T. Maroney and Mrs. Lee B. Anderson, Attorneys, Department of Justice, were on the brief, for appellee.

Before BASTIAN, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This is an appeal from a grant of summary judgment in favor of appellee, defendant below in a declaratory judgment action instituted by appellant to compel the Secretary of the Navy to change the nature of his discharge from "under conditions other than honorable" to "honorable".1

In 1944 appellant received a commission as an officer in the United States Naval...

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