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MINDES v. SEAMAN

No. 71-2408 Summary Calendar.

453 F.2d 197 (1971)

Capt. Milbert MINDES, Plaintiff-Appellant, v. Dr. Robert C. SEAMAN, Secretary of the United States Air Force, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 22, 1971.

Attorney(s) appearing for the Case

Seymour Benson, Charles Holcomb and Jacob, Benson & Holcomb, Orlando, Fla., for plaintiff-appellant.

Alan C. Todd, Asst. U. S. Atty., John L. Briggs, U. S. Atty., Orlando, Fla., for defendants-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

According to the allegations of his complaint, which must be taken as admitted in the procedural posture of this appeal, Air Force Captain Milbert Mindes has tenaciously sought to void a factually erroneous and adverse Officer Effectiveness Report (OER) which resulted in his being separated from active duty and placed in a reserve status. However, his efforts to date have been fruitless. After traversing all available intraservice procedural...

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