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KNEHANS v. ALEXANDER

No. 76-1126.

566 F.2d 312 (1977)

Major Adolph H. KNEHANS, Jr., Appellant, v. Clifford L. ALEXANDER, Secretary of the Army.

United States Court of Appeals, District of Columbia Circuit.

Decided October 3, 1977.

Rehearing Denied November 3, 1977.

Attorney(s) appearing for the Case

Joan E. Goldberg, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court with whom David Rein, Washington, D. C., was on the brief, for appellant.

Jordan A. Luke, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and John R. Dugan, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before TAMM, ROBINSON and ROBB, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

Dissenting opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

TAMM, Circuit Judge:

Our appellant, former Major Knehans, was honorably discharged from the United States Army pursuant to 10 U.S.C. § 3303 (1970)1 for having been twice passed over for promotion by a Statutory Selection Board. In order to prevent his imminent discharge, Knehans brought an action...

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