OWINGS v. SECRETARY OF UNITED STATES AIR FORCE (SAFOS)

No. 23473.

447 F.2d 1245 (1971)

Robert M. OWINGS v. SECRETARY OF the UNITED STATES AIR FORCE (SAFOS), Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1971.

Petition for Rehearing Denied September 30, 1971.


Attorney(s) appearing for the Case

Mr. Michael C. Farrar, Atty., Department of Justice, with whom Thomas A. Flannery, U. S. Atty., and Robert V. Zener and Robert E. Kopp, Attys., Department of Justice, were on the brief, for appellant. Donald L. Horowitz, Atty., Department of Justice, and Broughton M. Earnest, Asst. U. S. Atty., also entered appearances for appellant.

Mr. Robert H. Reiter, Washington, D. C., for appellee.

Before TAMM, MacKINNON and ROBB, Circuit Judges.


MacKINNON, Circuit Judge:

In 1959, Owings (plaintiff-appellee) was a sergeant in the Air Force stationed at Itazuke Air Base, Japan. He devoted a great deal of his time to playing the slot machines and participating in other gambling at the Non-Commissioned Officers Club (hereafter the "Club") on the base. In due time his financial situation became precarious because of his large gambling losses but he continued writing checks which he expected to make good by

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