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LUNSFORD v. LAIRD

No. 508, Docket 35441.

441 F.2d 390 (1971)

Lt. Henry C. LUNSFORD, Jr., Plaintiff-Appellee, v. Melvin R. LAIRD, Secretary of Defense; Stanley R. Resor, Secretary of the Army; Commanding Officer, Fort Hamilton, Brooklyn, New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 29, 1971.

Attorney(s) appearing for the Case

Morton Hollander, Washington, D. C. (Carl Eardley, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Edward R. Neaher, U. S. Atty., E. D. N. Y., Robert V. Zener, J. F. Bishop, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendants-appellants.

Michael N. Pollet, New York City (New York Civil Liberties Union, on the brief), for plaintiff-appellee.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.

PER CURIAM:

Army regulations provide for four types of discharge certificates in the case of officers, Honorable, General (Under Honorable Conditions), General (Under Other Than Honorable Conditions) and Dishonorable. Army Reg. 635-5 ¶ 7b (January 23, 1967). Under regulations implementing 10 U.S.C. § 1163 (1964 and Supp.1971), various procedural rights are accorded a member of a reserve component who is separated for cause. Army Reg. 635-105 § 2-10...

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