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NIESZNER v. MARK

No. 81-2343.

684 F.2d 562 (1982)

John F. NIESZNER, Appellant, v. Hans MARK, Secretary of the Air Force, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1982.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, Minn., for appellant.

James M. Rosenbaum, U. S. Atty., Deborah Kleinman McNeil, Asst. U. S. Atty., D. Minn., Minneapolis, Minn., William A. Grunewald, Legal Intern, for appellee.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ARNOLD, Circuit Judge.

BRIGHT, Circuit Judge.

John F. Nieszner appeals from the district court's1 dismissal of his age discrimination claim against the Air Force. Nieszner seeks to challenge Air Force Regulation 36-15, ¶ 2-14(c)(3) (1978) (AFR 36-15), which requires an applicant for a commission program to "[b]e appointed as a commissioned officer before reaching age 35." The district court dismissed Nieszner's...

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