LANE v. SECRETARY OF ARMY

Civ. No. T-79-226.

504 F.Supp. 39 (1980)

Joseph R. LANE v. SECRETARY OF the ARMY and Commanding Officer, Fort George G. Meade, Maryland.

United States District Court, D. Maryland.

May 1, 1980.


Attorney(s) appearing for the Case

Luther C. West, West, Frame & Bernstein, Baltimore, Md., for plaintiff.

Russell T. Baker, Jr., U. S. Atty., and Herbert Better, Asst. U. S. Atty., Baltimore, Md., and Buren R. Shields, III, Major, JAGC, Office of Judge Advocate General, Dept. of Army, Washington, D. C., for defendants.


MEMORANDUM AND ORDER

THOMSEN, Senior District Judge.

Plaintiff is a former Army officer who was twice passed over for promotion to the rank of Major. As a result of the second non-selection for promotion he was honorably discharged from the Army under the provisions of 10 U.S.C. § 3303(d). In this action plaintiff alleges that the Army violated his rights to due process and equal protection for the following reasons:

1. Army promotion boards...

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