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SMITH v. SCHLESINGER

No. 74-1440.

513 F.2d 462 (1975)

Robert P. SMITH v. James R. SCHLESINGER, Secretary of Defense, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1975.

Rehearing Denied July 21, 1975.

Attorney(s) appearing for the Case

Larry L. Gregg, Atty., Dept. of Justice, with whom Henry E. Peterson, Asst. Atty. Gen., Edward S. Christenbury and Benjamin C. Flannagan, Attys., Dept. of Justice, were on the brief for appellants.

William G. Ohlhausen, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge, and MERHIGE, District Judge for the Eastern District of Virginia.

Opinion for the Court filed by Chief Judge BAZELON.

BAZELON, Chief Judge.

Robert P. Smith, an aerospace engineer, required a "Secret" security clearance from the Department of Defense to begin his employment at Dunlap & Associates of Santa Monica, California. Smith had held a "Secret" clearance at his two previous places of employment. On April 11, 1966, one week before Smith was to begin his work with Dunlap & Associates, the Industrial Security Clearance...

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