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KARLIN v. REED

No. 77-1082.

584 F.2d 365 (1978)

Captain David A. KARLIN, USAFR, Appellee, v. The Honorable Thomas C. REED, Secretary of the Air Force, Brigadier General James E. Dalton, Commander, Air Reserve Personnel Center, Denver, Colorado, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided September 27, 1978.

Attorney(s) appearing for the Case

Thomas G. Wilson, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., James L. Treece, U. S. Atty., Denver, Colo., Leonard Schaitman and John M. Rogers, Dept. of Justice, Washington, D. C., with him on the brief), for appellants.

Richard P. Fox, Los Angeles, Cal., for appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

SETH, Chief Judge.

This is an appeal by the Government from an order which released Captain Karlin, an Air Force Reserve officer, from his obligations to go on active duty.

Under a voluntary program known as the Berry Plan, Captain Karlin was commissioned in the Air Force Reserve and thereby obtained a draft deferment so he could finish his medical residency. This Berry Plan provided that the armed services could select draftable interns for the program after...

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