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FAIRBANK v. SCHLESINGER

Nos. 73-2136, 74-1287.

533 F.2d 586 (1975)

Major John C. FAIRBANK, Appellant, v. James R. SCHLESINGER, Secretary of Defense, et al. Major William R. PERRY, Appellant, v. COMMANDING OFFICER, HEADQUARTERS, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1975.

Attorney(s) appearing for the Case

Jon G. Rothblatt, New York City, with whom Robert M. Price, Washington, D. C., was on the brief for appellant Fairbank.

David A. Jones, Washington, D. C., for appellant Perry.

David R. Addis, Richard A. Graham, Asst. U. S. Attys., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Michael A. Katz and Royce C. Lamberth, Asst. U. S. Attys., were on the brief for appellees.

Before TAMM, ROBINSON and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

Appellant originally enlisted in the Regular Army on September 8, 1953, for a period of three years. During this enlistment he applied to go to Officer Candidate School, which he completed satisfactorily on March 7, 1955, at which time he was discharged from active duty service as Sergeant E-5 in the Regular Army to accept appointment as a Reserve commissioned officer of the Army (A-46). Appellant thereupon applied and agreed to serve for...

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