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TOWRY v. UNITED STATES

No. 78-3082.

620 F.2d 568 (1980)

Col. Paul Emmett TOWRY, Plaintiff-Appellant, v. The UNITED STATES of America, Harold Brown, Secretary of Defense et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 3, 1980.

Attorney(s) appearing for the Case

Harry S. Redmon, Jr., Harry A. Rosenberg, Margaret Ann Brown, New Orleans, La., for plaintiff-appellant.

John P. Volz, U.S. Atty., Robert L. Boese, Asst. U.S. Atty., Leonard P. Avery, New Orleans, La., for U.S.A. and Harold Brown and Thomas C. Reed.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

PER CURIAM:

The judgment is affirmed on the basis of the district court's opinion, which is published at 459 F.Supp. 101 (E.D.La.1978).

We were troubled by the suggestion at oral argument that payment of the amount determined by the Secretary of the Air Force as compensation for Col. Towry's injuries was conditioned upon his not seeking judicial review of the award. We have been informed by letter from the Acting Chief...

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