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LAVIN v. MARSH

No. 79-4163.

644 F.2d 1378 (1981)

Richard P. LAVIN, Plaintiff-Appellant, v. John O. MARSH, Jr., Secretary of the Army of the United States, and The United States Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1981.

Attorney(s) appearing for the Case

Joseph W. Cotchett, Cotchett, Hutchinson & Dyer, San Mateo, Cal., for plaintiff-appellant.

George Christopher Stoll, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before KILKENNY and CHOY, Circuit Judges, and GRANT, District Judge.

CHOY, Circuit Judge:

I. Introduction

Richard P. Lavin was a 53-year-old lieutenant colonel in the United States Army Reserve who faced mandatory removal from active service because of an age-based statutory years-of-service limitation. Lavin sought a district court injunction to prevent his removal and to require that the Secretary of the Army review his petition for relief from the mandatory removal provision...

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