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SPRINGSTEAD v. CLAYTOR

No. 78-1459.

586 F.2d 990 (1978)

John Woodward SPRINGSTEAD, Appellee, v. W. Graham CLAYTOR, Secretary of the Navy; Harold Brown, Secretary of Defense; General Lewis H. Wilson, Commandant of the U. S. Marine Corps; General Victor A. Armstrong, Commanding General, Marine Corps Air Station, Cherry Point, North Carolina; General R. J. Chadwick, Director, Judge Advocate Division, U. S. Marine Corps and United States of America, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 13, 1978.

Attorney(s) appearing for the Case

Bruce H. Johnson, Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for appellants.

David P. Voerman, New Bern, N. C. (Beaman, Kellum, Mills & Kafer, New Bern, N. C., on brief), for appellee.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

The Secretary of the Navy appeals a district court order directing him to accept Captain John Woodward Springstead's resignation from the United States Marine Corps. The court held that the Secretary's disapproval of the resignation was arbitrary and capricious because it involuntarily extended Springstead's otherwise limited period of service. We reverse.

Captain Springstead is now a regular commissioned officer in the Marine Corps...

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