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FRAZIER v. CALLAWAY

No. 73-2880.

504 F.2d 960 (1974)

Captain John H. FRAZIER, Jr., Plaintiff-Appellee, v. Howard H. CALLAWAY, Secretary of the Army, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 1974.

Attorney(s) appearing for the Case

Donald E. Walter, U. S. Atty., Leven H. Harris, Asst. U. S. Atty., Shreveport, La., Royce C. Lamberth, Captain, JAGC Office of the Judge Advocate Gen., William Eckhardt, Major, JAGC, Dept. of the Army, Walter H. Fleischer, Barbara L. Herwig, Dept. of Justice, Washington, D. C., for defendant-appellant.

James J. Cox, Lake Charles, La., for plaintiff-appellee.

Before WISDOM, AINSWORTH and GODBOLD, Circuit Judges.

WISDOM, Circuit Judge:

The single issue this appeal presents is whether John Frazier, an Army Reserve officer who had been an enlisted man, was entitled under 10 U.S.C. § 32581 to reenlist at his previous enlisted rank at the termination of his active duty as a Reserve officer despite the fact that he did not have regular enlisted service immediately before receiving his commission. The district...

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