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MALONY v. SCHLESINGER

No. 73-3286 Summary Calendar.

488 F.2d 521 (1974)

Major Ronald L. MALONY, Plaintiff-Appellant, v. Honorable James SCHLESINGER Honorable Howard H. Callaway, and General Creighton Abrams, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 1974.

Attorney(s) appearing for the Case

Vincent P. McCauley, Columbus, Ga., for plaintiff-appellant.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Royce C. Lamberth, Captain, JAGC, U. S. Army, C/O U. S. Atty., Macon, Ga., for defendants-appellees.

Before BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

After being advised that he was to be released from active duty as a commissioned officer in the U. S. Army, Appellant Malony sought a Court declaration regarding his right to retain his status as a commissioned officer or in the alternative to be accepted for reenlistment. At a hearing held by the District Court on May 7, 1973 the appellee, through a member of the Adjutant General's Office, informed the Court that the Department

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