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BOCKOVEN v. MARSH

Appeal Nos. 83-1032 to 83-1051.

727 F.2d 1558 (1984)

David N. BOCKOVEN, et al., Appellants, v. John O. MARSH, et al., Appellees.

United States Court of Appeals, Federal Circuit.

February 23, 1984.

Attorney(s) appearing for the Case

Keith A. Rosenberg, Washington, D.C., argued for appellants; With him on brief, was David E. Weisman, Washington, D.C.

Louis R. Davis, Washington, D.C., argued for appellees; With him on brief, were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director, Washington, D.C.

Lieutenant Colonel Charles R. Fulbruge, III, Major Michael J. Nardotti and Major Thomas R. Folk, Dept. of the Army, Washington, D.C., of counsel.

Before FRIEDMAN, Circuit Judge, NICHOLS, Senior Circuit Judge, and BALDWIN, Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Columbia granting the appellees' motion for summary judgment in a suit challenging the release from active duty of the appellant Army Reserve officers after they had been twice passed over for promotion by Army selection boards. We affirm.

I

This case is a sequel to the decision of the Court of Claims in Doyle v. United States,

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