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WIMMER v. LEHMAN

Nos. 82-1892, 82-1893.

705 F.2d 1402 (1983)

Midshipman First Class Robert O. WIMMER, Appellee, v. The Honorable John F. LEHMAN, Jr., Secretary of the Navy, and Admiral E.C. Waller, Superintendent, United States Naval Academy, Appellants. Midshipman First Class Robert O. WIMMER, Appellant, v. The Honorable John F. LEHMAN, Jr., Secretary of the Navy, and Admiral E.C. Waller, Superintendent, United States Naval Academy, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1983.

Attorney(s) appearing for the Case

Jerome B. Richman, Annapolis, Md. (J.B. Stevens, Jr., Annapolis, Md., on brief), for appellee/cross-appellant.

Bruce G. Forrest, Civ. Div., Dept. of Justice, Washington, D.C., (CDR Donal M. Hill, Office of the Judge Advocate Gen., Dept. of the Navy, Alexandria, Va., J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., J. Frederick Motz, U.S. Atty., Baltimore, Md., Anthony J. Steinmeyer, Civ. Div., Dept. of Justice, Washington, D.C., on brief), for appellants/cross-appellees.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and ALDRICH, Senior Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Midshipman Wimmer instituted this action on April 15, 1982 in the United States District Court for the District of Maryland seeking declaratory relief and a preliminary injunction. He sought to enjoin the Secretary of the Navy and the Superintendent of the United States Naval Academy at Annapolis from discharging him from the Academy, because of unsatisfactory conduct, and transferring him to the U.S. Naval Reserve and ordering...

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