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AMIDON v. LEHMAN

Nos. 82-2028 to 82-2030.

730 F.2d 949 (1984)

Kenneth R. AMIDON, Appellee, v. John F. LEHMAN, Jr., Secretary of the Navy; Thomas M. Hayward, Admiral, Chief of Naval Operations; Appellants. Donald H. LAJOIE, Appellee, v. Casper W. WEINBERGER, Sec. of Defense; John F. Lehman, Jr., Sec. of Navy; Admiral Thomas M. Hayward, Chief of Naval Operations; Appellants. James M. ELWOOD, Appellee, v. John F. LEHMAN, Jr., Sec. of Navy; Thomas M. Hayward, Admiral; Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1984.

Rehearing and Rehearing Denied March 2, 1984.

Attorney(s) appearing for the Case

Margaret E. Clark, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Elsie L. Munsell, U.S. Atty., Alexandria, Va., Anthony J. Steinmeyer, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., on brief), for appellants.

Thomas B. Kenworthy, Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., Ronald L. Bub, Saul & Barclay, Fairfax, Va., on brief), for appellees.

Before WINTER, Chief Judge, HALL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 2, 1984.

HARRISON L. WINTER, Chief Judge:

Three Navy servicemen (Amidon, Lajoie and Elwood) were ultimately granted writs of habeas corpus after the Navy unilaterally extended their enlistments. We had occasion to affirm the grants as to Amidon and Lajoie. See Amidon v. Lehman, 677 F.2d 17 (4 Cir.1982). Thereafter, the district court granted the petitions of all three for...

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