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MINDES v. SEAMAN

No. 73-3947 Summary Calendar.

501 F.2d 175 (1974)

Captain Milbert MINDES, Plaintiff-Appellant, v. Dr. Robert SEAMAN, Secretary of the Air Force, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 20, 1974.

Attorney(s) appearing for the Case

Charles M. Holcomb, Cocoa, Fla., William A. Jacob, Orlando, Fla., for plaintiff-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Harrison T. Slaughter, Jr., Jeffry R. Jontz, Asst. U. S. Attys., Orlando, Fla., William Kanter, Judith H. Norris, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM.

Captain Mindes sought correction of his military records, 10 U.S.C. §§ 1552, 1553, after he was twice passed over for promotion to Air Force major and was thus subject to mandatory release from active duty. On remand from this Court, Mindes v. Seaman, 5 Cir., 1971, 453 F.2d 197, the district court denied relief. We affirm.

Appellant failed to show that his not being selected for promotion was due solely...

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