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VanderMOLEN v. STETSON

No. 76-1449.

571 F.2d 617 (1977)

John H. VanderMOLEN, Appellant, v. John C. STETSON, Secretary of the Air Force.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 1977.

Rehearing December 23, 1977.

Attorney(s) appearing for the Case

Mary E. Baluss, Washington, D.C., with whom William H. Briggs, Jr., Michael J. Malley and David Addlestone, Washington, D.C., were on the brief, for appellant.

Richard A. Graham, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease and George A. Stohner, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and ROBB, Circuit Judges.

Statement on Sua Sponte Request for Rehearing En Banc December 23, 1977.

Opinion for the Court filed by BAZELON, Chief Judge.

Dissenting opinion filed by ROBB, Circuit Judge.

BAZELON, Chief Judge:

On February 19, 1971, appellant, John H. VanderMolen, was honorably discharged from the United States Air Force under Air Force Regulation (AFR) 36-3.1 Claiming that his discharge was illegal, VanderMolen brought suit...

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