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ROHE v. FROEHLKE

No. 893, Docket 74-1002.

500 F.2d 113 (1974)

John T. ROHE, Petitioner-Appellant, v. Robert T. FROEHLKE, Secretary of the Army, and Commanding General, First United States Army, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 3, 1974.

Attorney(s) appearing for the Case

Steven J. Hyman, New York City (Kunstler, Kunstler, Hyman & Goldberg, New York City, on the brief), for petitioner-appellant.

Thomas A. Illmensee, Asst. U. S. Atty. (Edward John Boyd, V, U. S. Atty. for the E. D. N. Y., and Paul B. Bergman, Asst. U. S. Atty., on the brief), for respondent-appellee.

Before LUMBARD and HAYS, Circuit Judges, and JAMESON, District Judge.

HAYS, Circuit Judge:

Appellant Rohe brought this action for injunction and other relief claiming that the procedure by which he was ordered to active duty as an unsatisfactory reservist was improper because in appealing the order under Army Regulation 135-91, ¶ 20, he was not informed of or permitted to answer adverse factual allegations placed in his file. The district court held that the regulation did not require the Army to show the comments to appellant...

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