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DOYLE v. UNITED STATES

Nos. 131-77, 275-77.

599 F.2d 984 (1979)

Major Leo D. DOYLE et al. v. The UNITED STATES. Major Joe L. ADAMS et al. v. The UNITED STATES.

United States Court of Claims.

May 16, 1979.

Attorney(s) appearing for the Case

Robert M. Wright, Baltimore, Md., attorney of record, and Keith A. Rosenberg, Washington, D. C., of counsel, for plaintiffs. Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, Md., of counsel.

George M. Beasley, III, Washington, D. C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D. C., for defendant. Marc J. Fink, Capt. L. Neal Ellis, Jr., and Capt. Louis R. Davis, Dept. of the Army, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KASHIWA, KUNZIG, BENNETT and SMITH, Judges, en banc.

ON PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTIONS FOR SUMMARY JUDGMENT

BENNETT, Judge:

In these consolidated cases, before us on cross-motions for summary judgment, plaintiffs, formerly commissioned officers in the United States Army Reserve (USAR) contest their release from active duty resulting from their twice having been passed over for promotion by selection boards in 1974 and 1975,1 and contend that...

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