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JOHNSON v. ALEXANDER

No. 77-1250.

572 F.2d 1219 (1978)

Richard Jerome JOHNSON, Appellant, v. Clifford L. ALEXANDER, Jr., Individually and in his official capacity as Secretary of the Army, Lt. Gen. R. R. Taylor, Individually and in his official capacity as Surgeon General of the United States Army, and Maj. Lee Wilson, Individually and in his official capacity as Commanding Officer of St. Louis Armed Forces Examining and Entrance Station, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1978.

Rehearing and Rehearing Denied May 4, 1978.

Attorney(s) appearing for the Case

Christopher Hexter, Schuchat, Cook & Werner, St. Louis, Mo., argued and made rebuttal, David A. Lander, The Legal Aid Society of the City and County of St. Louis, St. Louis, Mo., on brief, for appellant.

Wesley D. Wedemeyer, Asst. U. S. Atty., St. Louis, Mo., argued, Barry A. Short (former U. S. Atty.), St. Louis, Mo., on brief, for appellees.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 4, 1978.

HENLEY, Circuit Judge.

In November, 1975 plaintiff, Richard Jerome Johnson, a black male, undertook to enlist in the United States Army at St. Louis, Missouri. His application was rejected by reference to Paragraphs 2-34(a) and 2-34(b) of Army Regulation 40-501 which will be described in due course.

In July, 1976 plaintiff commenced this action in the United States District Court for the Eastern District...

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