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CASON v. UNITED STATES

No. 161-70.

461 F.2d 784 (1972)

Gilbert M. CASON v. The UNITED STATES.

United States Court of Claims.

June 16, 1972.

Attorney(s) appearing for the Case

Penrose Lucas Albright, Arlington, Va., attorney of record, for plaintiff. Mason, Mason & Albright, Arlington, Va., of counsel.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge:

Plaintiff, a former enlisted man in the Navy, a diver, was involuntarily separated from the service for unfitness with a General Discharge Under Honorable Conditions on May 20, 1964, during his fourth term of enlistment which would have expired on July 27, 1967. The grounds for dismissal were that he had allegedly made homosexual overtures to a fellow serviceman and that...

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