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KNEHANS v. CALLAWAY

Civ. A. No. 1978-73.

403 F.Supp. 290 (1975)

Major Adolph H. KNEHANS, Jr., Plaintiff, v. Howard H. CALLAWAY, Secretary of the Army, Defendant.

United States District Court, District of Columbia.

November 12, 1975.

Attorney(s) appearing for the Case

Joan Goldberg, New York City, Marshall S. Sinick, Washington, D. C., for plaintiff.

Michael A. Katz, Asst. U. S. Atty., Washington, D. C., for defendant; Fitzhugh L. Godwin, Jr., Captain, J. A. G. C., Dept. of the Army, Washington, D. C., of counsel.

MEMORANDUM AND ORDER

WILLIAM B. JONES, Chief Judge.

Plaintiff, formerly a Major in the regular Army, brought this action on October 30, 1973, to prevent his imminent honorable discharge from the Army. Prior to filing suit, plaintiff had twice been passed over for promotion by Selection Boards. By statute, a commissioned officer who has been passed over for promotion by two consecutive Selection Boards shall, if not eligible for retirement, be honorably discharged...

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