No. 73-206.

417 U.S. 733 (1974)

94 S.Ct. 2547

41 L.Ed.2d 439


Supreme Court of United States.

Decided June 19, 1974.

Attorney(s) appearing for the Case

Solicitor General Bork argued the cause for appellants. With him on the brief were Assistant Attorney General Petersen, Allan A. Tuttle, and Jerome M. Feit.

Charles Morgan, Jr., argued the cause for appellee. With him on the brief were Norman Siegel, Laughlin McDonald, Morris Brown, Neil Bradley, Reber F. Boult, Jr., Anthony G. Amsterdam, Alan H. Levine, Burt Neuborne, Melvin L. Wulf, and Henry W. Sawyer III.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Appellee Howard Levy, a physician, was a captain in the Army stationed at Fort Jackson, South Carolina. He had entered the Army under the so-called "Berry Plan,"1 under which he agreed to serve for two years in the Armed Forces if permitted first to complete his medical training. From the time he entered on active duty in July 1965 until...

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