No. 74-1821.

514 F.2d 549 (1975)

Jesse L. HORN, Appellant, v. Honorable James R. SCHLESINGER, Secretary of Defense, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1975.

Attorney(s) appearing for the Case

Francis L. Ruppert, Clayton, Mo., for appellant.

Captain Alvin Thomas, JAGC, Dept. of the Army, Washington, D. C., for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, ROSS, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The appellant before us (hereinafter plaintiff), a former United States Army Major, was discharged from the service for his alleged failure to meet the standards required for promotion in rank.1 His bill of complaint2 sought review of this discharge and reinstatement to active status in the United States Army. The District Court granted defendants' motion for summary judgment...

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