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CINCIARELLI v. CARTER

No. 80-1727.

662 F.2d 73 (1981)

Colonel Roland F. CINCIARELLI, Appellant, v. The Honorable Jimmy CARTER, President of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1981.

Attorney(s) appearing for the Case

William S. Hemsley, Jr., with whom Frank A. S. Campbell was on reply brief for appellant.

John Oliver Birch, Asst. U. S. Atty., with whom Charles F. C. Ruff, U. S. Atty., Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., were on brief for appellees.

Before WRIGHT and ROBB, Circuit Judges and PENN, United States District Court Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

This is an action for declaratory and injunctive relief by Colonel Roland F. Cinciarelli, an officer in the United States Marine Corps Reserve. Colonel Cinciarelli alleges that the Commandant of the Marine Corps unlawfully withdraw a signed and executed Standard Written Agreement (SWAG) which provided for Cinciarelli's services on active duty for a five-year period. The District Court...

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