SWISHER v. DEPARTMENT OF AIR FORCE

No. 80-2029.

660 F.2d 369 (1981)

Francis L. SWISHER, Appellant, v. DEPARTMENT OF the AIR FORCE and Hans Mark, Secretary of the Air Force, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1981.


Attorney(s) appearing for the Case

Charles C. Shafer, Jr., P. C., George S. Murray, III, Kansas City, Mo., for appellant.

J. Whitfield Moody, U. S. Atty., Larry D. Coleman, Asst. U. S. Atty., Kansas City, Mo., for appellees.

Before GIBSON, Senior Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.


PER CURIAM.

Francis Swisher, appellant, is a former civilian employee of the Air Force. He was medically retired by the Air Force on September 3, 1976, for failing to pass a "fitness for duty examination." In response to Swisher's allegations that his forced medical retirement was a pretext for retaliation by the Air Force for Swisher's "whistle-blowing" activities, an investigation was conducted by Col. Morris on behalf of Lt. General John Flynn, the Air Force Inspector...

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