AMIDON v. LEHMAN

Nos. 81-1748, 81-1841.

677 F.2d 17 (1982)

Kenneth R. AMIDON, Appellee, v. John F. LEHMAN, Jr., Secretary of the Navy; Thomas M. Hayward, Admiral, Chief of Naval Operations, Appellants. Donald H. LAJOIE, Appellee, v. Casper W. WEINBERGER, Secretary of Defense, John F. Lehman, Jr., Secretary of the Navy, Admiral Thomas M. Hayward, Chief of Naval Operations, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1982.

Rehearing and Rehearing Denied June 21, 1982.


Attorney(s) appearing for the Case

Margaret E. Clark, Civ. Div., Dept. of Justice, Washington, D. C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Justin W. Williams, U. S. Atty., Alexandria, Va., Anthony J. Steinmeyer, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellants.

Thomas B. Kenworthy, Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., Ronald L. Bub, Saul and Barclay, Fairfax, Va., on brief), for appellees.

Before WINTER, Chief Judge, and ERVIN and CHAPMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 21, 1982.

CHAPMAN, Circuit Judge:

In February of 1980 appellees Kenneth R. Amidon and Donald H. Lajoie were members of the United States Navy stationed in Rota, Spain. Amidon's active duty enlistment was to expire on March 23, 1981, Lajoie's on August 18, 1981. On March 3, 1980 appellees and one other service member, James M. Elwood, were taken into custody by United States government agents in connection with the...

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