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RUSTAD v. UNITED STATES AIR FORCE

No. 82-1567.

718 F.2d 348 (1983)

Kevin M. RUSTAD, Plaintiff-Appellant, v. UNITED STATES AIR FORCE, the Secretary of the Air Force Superintendent, United States Air Force Academy, and the Academy Board, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 28, 1983.

Attorney(s) appearing for the Case

John F. Webb, Jr., Littleton, Colo., (Allan L. Zbar and Arlen S. Ambrose of Treece & Bahr, Littleton, Colo., with him on brief), for plaintiff-appellant.

Nancy E. Rice, Asst. U.S. Atty., Denver, Colo., (Robert N. Miller, U.S. Atty., and J. Stephen Phillips, Asst. U.S. Atty., Denver, Colo., with her on brief), for defendants-appellees.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue is whether the Due Process Clause of the Fifth Amendment precludes the Air Force from denying a First Class (Senior) cadet representation by retained counsel at disenrollment hearings before a Hearing Officer and an Academy Board. The district court held that the Due Process Clause did not preclude such denial. We agree, and affirm.

Kevin M. Rustad was a First Class (Senior) cadet at the United States Air Force Academy...

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