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DOUGHERTY v. LEHMAN

No. 81-2553.

688 F.2d 158 (1982)

Gregory J. DOUGHERTY, Appellee, v. John F. LEHMAN, Jr., Secretary of the Navy, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 26, 1982.

Attorney(s) appearing for the Case

Christopher F. Stouffer (argued), Hepburn, Willcox, Hamilton & Putnam, Philadelphia, Pa., for appellee.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Edward F. Borden, Jr. (argued), Asst. U. S. Attys., Philadelphia, Pa., for appellant.

Before SEITZ, Chief Judge, ADAMS, Circuit Judge, and LACEY, District Judge.

OPINION OF THE COURT

LACEY, District Judge.

John F. Lehman, Jr., Secretary of the Navy (the Secretary), appeals from so much of a district court order as permanently enjoined the Secretary from ordering appellee Gregory J. Dougherty (Dougherty) to three years' active duty as an enlisted man in the United States Naval Reserve. No cross appeal was taken by Dougherty from that part of the district court's order upholding Dougherty's discharge from the United...

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