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GOLDSTEIN v. MIDDENDORF

No. 75-1325.

535 F.2d 1339 (1976)

Michael L. GOLDSTEIN, Petitioner-Appellant, v. J. William MIDDENDORF et al., Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Edward F. Haber, Boston, Mass., with whom Richard P. Fox, Los Angeles, Cal., was on brief, for petitioner-appellant.

Marshall D. Stein, Asst. U.S. Atty., Roxbury, Mass., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for respondents-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

Appellant accepted a commission as a Lieutenant in the United States Naval Reserve in March, 1971. The program in which he enrolled, commonly known as the "Berry Plan", allows a physician to defer active military service and complete specialized residency training upon agreement that he will thereafter serve two years of duty practicing his specialty. See Lobis v. Secretary of United States Air Force, 519 F.2d 304

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