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HORN v. UNITED STATES

No. 199-79C.

671 F.2d 1328 (1982)

Raymond E. HORN, Jr. v. The UNITED STATES.

United States Court of Claims.

February 24, 1982.

Attorney(s) appearing for the Case

Keith A. Rosenberg, Washington, D.C., atty. of record, for plaintiff. Newrath, Meyer & Faller, P.C., Washington, D.C., of counsel.

Virginia I. Bell, Washington, D.C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D.C., for defendant. Maj. Charles Fulbruge, Dept. of the Army, Washington, D.C., of counsel.

Before COWEN, Senior Judge, and NICHOLS and KASHIWA, Judges.

ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT

COWEN, Senior Judge:

Plaintiff is a former United States Army Reserve officer who served on active duty until December 19, 1978. On that date, he was released from active duty because he had been twice non-selected for promotion to the rank of Lieutenant Colonel. In his motion for summary judgment, plaintiff challenges his release from active duty and asserts that his non-selections for promotion were void...

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