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HOOPER v. LAIRD

No. 72-1198.

482 F.2d 784 (1973)

S. G. HOOPER, Appellant, v. Melvin LAIRD, Secretary of the Department of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1973.

Attorney(s) appearing for the Case

Victor Rabinowitz, New York City, of the bar of the Court of Appeals of New York, pro hac vice by special leave of court, for appellant. David Rein, Washington, D. C., also entered an appearance for appellant.

Robert D. Zsalman, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Nathan Dodell, Asst. U. S. Attys., were on the brief, for appellees.

Before McGOWAN, Circuit Judge, GEORGE C. EDWARDS, Circuit Judge for the Sixth Circuit, and TAMM, Circuit Judge.

PER CURIAM:

When this appeal was argued before us, the parties addressed themselves in major part to the question of whether O'Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), is to be given retrospective operation. Because it appeared at that time that this issue was upon the point of receiving authoritative resolution by the Supreme Court, we entered an order holding the matter in abeyance. The Supreme Court...

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