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GOLDMAN v. SECRETARY OF DEFENSE

No. 82-1723.

734 F.2d 1531 (1984)

S. Simcha GOLDMAN, Plaintiff-Appellee, v. SECRETARY OF DEFENSE, et al., Defendants-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 8, 1984.

As Amended May 8, 1984.

Rehearing Denied August 10, 1984.

Attorney(s) appearing for the Case

Alfred R. Mollin, Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), and Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., were on the brief, for defendants-appellants.

Nathan Lewin, Washington, D.C., with whom David J. Butler and Robert A. Smith, Washington, D.C., were on the brief, for plaintiff-appellee.

Before MIKVA and EDWARDS, Circuit Judges, and SWYGERT, Senior Circuit Judge for the United States Court of Appeals for the Seventh Circuit.

Rehearing En Banc Denied August 10, 1984.

Opinion for the Court filed by Senior Circuit Judge SWYGERT.

SWYGERT, Senior Circuit Judge.

This is an appeal by the Secretary of Defense and the Secretary of the Air Force from the district court's order, 530 F.Supp. 12, enjoining the enforcement of an Air Force dress code regulation that had been invoked to prohibit the plaintiff, an Orthodox Jewish captain, from wearing...

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