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MILLER v. LEHMAN

No. 82-4727.

736 F.2d 1268 (1983)

James Lee MILLER, Plaintiff-Appellant, v. John LEHMAN, Secretary of the Navy, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1983.

Order Filed July 10, 1984.

Attorney(s) appearing for the Case

John Vaisey, Molalla, Or., for plaintiff-appellant.

J. Paul McGrath, Asst. Atty. Gen., Alfred R. Mollin, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before CHOY and NORRIS, Circuit Judges, and CURTIS, District Judge.

ORDER

Appellant's request that we publish our decision is hereby granted. Accordingly, the memorandum disposition of November 29, 1983, is withdrawn. In its place, we file the following opinion.

OPINION

PER CURIAM:

In Beller v. Middendorf, 632 F.2d 788 (9th Cir.1980), this court held that it was constitutionally permissible for the Navy to discharge appellant...

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