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KENNEDY v. SECRETARY OF NAVY

No. 21742.

401 F.2d 990 (1968)

Charles KENNEDY, Appellant, v. SECRETARY OF the NAVY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1968.

Attorney(s) appearing for the Case

Mr. Joseph Forer, Washington, D. C., for appellant.

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

Before FAHY, Senior Circuit Judge, and DANAHER and BURGER, Circuit Judges.

FAHY, Senior Circuit Judge:

In granting the motion of the Secretary of the Navy, appellee, for summary judgment, the District Court dismissed the action of Charles Kennedy, appellant. He sought, with other and related relief, a judgment declaring illegal his discharge from the United States Naval Reserve under conditions other than honorable. Upon the authority of Harmon v. Brucker, 355 U.S. 579, 78 S.Ct. 433,

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