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MATLOVICH v. SECRETARY OF THE AIR FORCE

No. 76-2110.

591 F.2d 852 (1978)

Leonard P. MATLOVICH, Appellant, v. SECRETARY OF The AIR FORCE and Colonel Alton J. Thogersen, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1978.

Attorney(s) appearing for the Case

E. Carrington Boggan, New York City, for appellant.

Vincent B. Terlep, Jr., Atty., Civ. Div., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., and Ronald Glancz, Atty., Civ. Div., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

Before WRIGHT, Chief Judge, ROBINSON, Circuit Judge, and DAVIS, Judge, United States Court of Claims.

Opinion for the court filed by Judge DAVIS.

DAVIS, Judge:

In March 1975, appellant Leonard P. Matlovich, after some twelve years of excellent service in the military, wrote to the Secretary of the Air Force, through his commanding officers, that he had concluded that his "sexual preferences are homosexual as opposed to heterosexual." He added that in his view his sexual preferences would in no way interfere with his Air Force duties and that he considered...

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