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BISHOP v. UNITED STATES

No. 359-80C.

673 F.2d 1369 (1982)

Noyes S. BISHOP, Jr. v. The UNITED STATES.

United States Court of Claims.

March 24, 1982.

Attorney(s) appearing for the Case

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

Sara V. Greenberg, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant. Major Michael J. Nardotti, Jr., U. S. Dept. of the Army, Washington, D. C., of counsel.

Before COWEN, Senior Judge, and DAVIS and BENNETT, Judges.

ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT

COWEN, Senior Judge.

Plaintiff is a former major in the United States Army who was released from active duty on November 1, 1974, following his twice nonselection for promotion to the next higher permanent grade. In his motion for summary judgment, plaintiff challenges his release from active duty on the grounds that an Officer Efficiency Report (OER) considered by the two selection boards is void because...

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