WALTERS v. SECRETARY OF DEFENSE

No. 82-2089.

725 F.2d 107 (1983)

Robert A. WALTERS, et al. v. SECRETARY OF DEFENSE, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1983.


Attorney(s) appearing for the Case

John D. Bates, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), Royce C. Lamberth, R. Craig Lawrence and John Oliver Birch, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellants.

Barton F. Stichman, Washington, D.C., with whom David F. Addlestone, Washington, D.C., was on the brief, for appellees.

Joseph M. Hassett, John C. Keeney, Jr., Sue A. Kaplan, and Katherine A. Schoff, Washington, D.C., were on the brief, for amicus curiae urging affirmance.

Before TAMM and WILKEY, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

Within seven weeks after Robert Walters was inducted into the Marine Corps in 1973, he was given a general discharge from service, following an administrative hearing in which evidence of drug abuse was introduced through a compelled urinalysis examination. On August 22, 1981, not having availed himself of administrative...

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