BLUTH v. LAIRD

No. 14962.

435 F.2d 1065 (1970)

Mordecai BLUTH, Appellant, v. Melvin LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, Hal B. Jennings, Jr., Surgeon General of the United States Army, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1970.


Attorney(s) appearing for the Case

Nathan Lewin, Washington, D. C. (Miller, Cassidy, Larroca & Lewin, Washington, D. C., on brief) for appellant.

Gilbert K. Davis, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief) for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Plaintiff, Major Bluth, is a physician and an officer in the United States Army who is assigned to DeWitt Army Hospital in Fort Belvoir, Virginia, but who is presently under orders to report for duty in Vietnam. In his complaint filed with the district court, he alleged that the Army had failed to follow its own regulations in (1) processing his "Request for Deletion from Overseas Levy," and (2) refusing to afford him an officers' basic training...

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