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UNITED STATES EX REL. KELLOGG v. McBEE

No. 18096.

452 F.2d 134 (1971)

UNITED STATES of America ex rel. Duncan Randall KELLOGG, Petitioner-Appellee, v. Colonel Willie H. McBEE, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied November 4, 1971.

Attorney(s) appearing for the Case

William J. Bauer, U. S. Atty., Richard F. Sprague, Asst. U. S. Atty., Chicago, Ill., James R. Thompson, U. S. Atty., Chicago, Ill., for respondent-appellant ; John Peter Lulinski, Jeffrey Cole, Richard F. Sprague, Asst. U. S. Attys., of counsel.

Richard T. Franch, Jerold S. Solovy, Chicago, Ill., for petitioner-appellee ; Jenner & Block, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, FAIRCHILD and CUMMINGS, Circuit Judges.

DUFFY, Senior Circuit Judge.

A decision in this case was handed down on July 1, 1971. Thereafter, a petition for a rehearing en banc was filed and considered by this Court. The panel, after consulting with the members of the Court, determined to and did recall the former opinion dated July 1, 1971 and has substituted therefor the opinion which follows herewith:

Petitioner was placed in a I-A classification on November 19, 1966. On January 14, 1969, he was...

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