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YOUNG v. UNITED STATES

No. 73-1621.

498 F.2d 1211 (1974)

David A. YOUNG, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1974.

Attorney(s) appearing for the Case

Bruce Baldwin, Burleson, Bondies, Baldwin & Pate, Dallas, Tex., for plaintiff-appellant.

Frank D. McCown, Fort Worth, Tex., Roger J. Allen, Asst. U. S. Atty., Dallas, Tex., Thomas W. Petersen, Court of Claims Sec., Civ. Div. U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

WISDOM, Circuit Judge:

In this suit, David A. Young, the plaintiff-appellant, sought judicial review of the action of the Army and Air Force Exchange Service, a non-appropriated fund instrumentality of the United States,1 separating (discharging) him from his position with the Exchange Service as architect. The district court dismissed the complaint on grounds discussed below. We reverse in part, and hold that the plaintiff is entitled...

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