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MOGAVERO v. McLUCAS

Nos. 75-2039, 75-2040.

543 F.2d 1081 (1976)

Louis MOGAVERO, Appellant/Cross-Appellee, v. John L. McLUCAS, Secretary of the Air Force, and James R. Schlesinger, Secretary of Defense, Appellees/Cross-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1976.

Attorney(s) appearing for the Case

Thomas P. Dugan, Fairfax, Va., and Edward F. Sherman, Bloomington, Ind. (Hall, Surovell, Jackson & Colten, Fairfax, Va., on brief), for appellant in 75-2039 and for appellee in 75-2040.

Steven Miller, Capt., USAF, Litigation Div., Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., Washington, D.C., William B. Cummings, U. S. Atty., Alexandria, Va., and Robert E. Kopp, Atty., Civ. Div., Appellate Section, Dept. of Justice, Washington, D.C., on brief), for appellees in 75-2039 and for appellants in 75-2040.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

Louis Mogavero, a former major in the Air Force Reserve, sued to effect reinstatement, back pay and constructive credit toward retirement, on the ground that the Air Force failed to follow its own regulations in making a decision which led directly to his separation from the reserves in 1971. The Air Force conceded that it had not afforded Mogavero the procedure to which he was entitled, but at the same time disputed that Mogavero was entitled...

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