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PERRY v. COMMANDING OFFICER, HEADQUARTERS

No. 74-1287.

547 F.2d 662 (1976)

Major William R. PERRY, Appellant, v. COMMANDING OFFICER, HEADQUARTERS et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1976.

As Amended November 24, 1976.

Attorney(s) appearing for the Case

David A. Jones, Washington, D.C., was on the brief for appellant.

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

Before TAMM, ROBINSON and Mac-KINNON, Circuit Judges.

Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

The appeal of Perry, now a permanent Captain in the Regular Army of the United States, raises questions concerning the reenlistment rights under 10 U.S.C. § 3258 (1970)1 of a former enlisted man in the Regular Army who, in June 1959, was discharged as an enlisted man in order to accept a temporary commission as an officer in the Army...

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