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RICH v. SECRETARY OF THE ARMY

No. 81-1795.

735 F.2d 1220 (1984)

Roger W. RICH, Plaintiff-Appellant, v. SECRETARY OF THE ARMY, Major General Kenneth R. Dirks, M.D., Former Commander; Philip A. Deffer, M.D., Brigadier General, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 1, 1984.

Attorney(s) appearing for the Case

William F. Reynard, American Civil Liberties Union Foundation of Colorado, Inc., Denver, Colo. (Robert Tabor Booms, American Civil Liberties Union Foundation of Colorado, Inc., Denver, Colo., was also on brief), for plaintiff-appellant.

Richard D. Rosen, Captain, JAGC, Dept. of the Army, Washington, D.C. (Arnold I. Melnick, Colonel, JAGC, and M. Scott Magers, Lieutenant Colonel, JAGC, Dept. of the Army, Washington, D.C., of counsel and were also on brief), for defendants-appellees.

Before SETH, Chief Judge, and BREITENSTEIN and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

In this suit the plaintiff, an army medical specialist, challenges his involuntary discharge from the Army. The Army honorably discharged plaintiff for fraudulent enlistment when it was learned that, in the enlistment process, he falsely represented that he was not a homosexual. The district court upheld the Army's action. Rich v. Secretary of the Army, 516 F.Supp. 621. Plaintiff appeals.

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