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SIMS v. FOX

No. 73-2707.

505 F.2d 857 (1974)

Grover William SIMS, Second Lieutenant, United States Air Force 418-66-6972-FV, Plaintiff-Appellant, v. Cecil E. FOX, Brigadier General, etc., and Dr. John L. McLucas, Secretary of the Air Force, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 30, 1974.

Attorney(s) appearing for the Case

Reginald C. Wisenbaker, Valdosta, Ga., for plaintiff-appellant.

Hale Almand, Jr., Asst. U. S. Atty., William J. Schloth, U. S. Atty., Sam R. Wilson, Earl W. Carson, Asst. U. S. Attys., Macon, Ga., Dr. John L. McLucas, Sec. of Air Force, William Kanter, Thomas G. Wilson, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before BROWN, Chief Judge, and TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

COLEMAN, Circuit Judge.

This is an action by Air Force Lieutenant William Sims against Air Force General Cecil Fox and the Secretary of the Air Force. Sims asks that the Air Force be enjoined from discharging him without first giving him a hearing in person to present proof of his fitness for continued service.

The District Court dismissed Sims' complaint for failure to state a claim upon which relief could be granted. A Panel of this Court reversed, Sims...

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