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FITZGERALD v. UNITED STATES

No. 26-79.

623 F.2d 696 (1980)

Aquilla FITZGERALD v. The UNITED STATES.

United States Court of Claims.

May 28, 1980.

Attorney(s) appearing for the Case

Janis L. McDonald, Alexandria, Va., attorney of record, for plaintiff. Hirschkop & Grad, P. C., Alexandria, Va., of counsel.

Mary Mitchelson, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

Before DAVIS, KUNZIG and BENNETT, Judges.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

This case concerns the procedural propriety of plaintiff's involuntary disability retirement for psychiatric reasons. In particular, plaintiff challenges the Government's method of releasing certain medical information upon which the discharge was based. For the reasons stated below, we find that the agency did fail to adhere to the relevant regulations...

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