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DILLEY v. ALEXANDER

Nos. 77-1789, 77-1790, 77-1791 and 77-1792.

627 F.2d 407 (1980)

Michael F. DILLEY, Captain, U. S. Army Reserve, et al., Appellants, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, et al. Raymond W. FONTAINE, Major, U. S. Army Reserve, et al., Appellants, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, et al. Milton D. O'QUINN, Appellant, v. Clifford L. ALEXANDER, Secretary of the Army. Major Russell A. POWELL, Appellant, v. Clifford L. ALEXANDER, Jr., Secretary of the Army.

United States Court of Appeals, District of Columbia Circuit.

May 15, 1980.

Attorney(s) appearing for the Case

Keith A. Rosenberg, Washington, D. C., was on motion for clarification of opinion, for appellants.

Charles F. C. Ruff, U. S. Atty., Royce C. Lamberth and John Oliver Birch, Asst. U. S. Attys., Washington, D. C., were on response to motion for clarification of opinion.

Before WRIGHT, Chief Judge, MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Appellants Michael F. Dilley, et al., move this court for clarification of the opinion of February 26, 1979,1 reversing the district court and holding the Army's Selection Board to have been constituted in direct violation of the statute. We ordered that appellants be reinstated to active duty and that the Army consider them for promotion by two promotion...

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