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DRUMMOND v. FROEHLKE

No. 71-1883.

460 F.2d 264 (1972)

Leonard E. DRUMMOND, Jr., Appellee, v. Robert F. FROEHLKE, Secretary of the Army, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1972.

Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Walter H. Fleischer, Atty., Dept. of Justice, and John K. Grisso, U. S. Atty., on brief), for appellant.

David E. Trice, Cheraw, S. C., for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and FIELD, Circuit Judges.

PER CURIAM:

The plaintiff was issued an undesirable discharge for unfitness and, after exhausting his administrative remedies, instituted this declaratory action seeking either an honorable discharge or a general discharge. The District Court ordered the undesirable discharge changed to a discharge under honorable conditions. It is from this order of the District Court that the Secretary appeals.

The thrust of the plaintiff's complaint is the failure of the...

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