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CHILCOTT v. ORR

No. 84-1178.

747 F.2d 29 (1984)

Mark P. CHILCOTT, Plaintiff, Appellee, v. Verne ORR, Secretary of the United States Air Force, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 24, 1984.

Attorney(s) appearing for the Case

Al J. Daniel, Jr., Civ. Div., Dept. of Justice, Washington, D.C., W. Stephen Thayer, III, U.S. Atty., Concord, N.H., Richard K. Willard, Acting Asst. Atty. Gen., and Anthony J. Steinmeyer, Civ. Div., Dept. of Justice, Washington, D.C., were on the brief, for defendant, appellant.

John L. Ahlgren, Concord, N.H., for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and SKELTON, Senior Circuit Judge.

SKELTON, Senior Circuit Judge.

This is an appeal by the Secretary of the Air Force challenging a preliminary injunction granted by the District Court for the District of New Hampshire in favor of appellee Mark P. Chilcott. We reverse and vacate the decision of the District Court.

I. BACKGROUND

Appellee Chilcott is an enlisted airman who worked on sensitive computer systems for medium range bombers at Pease Air Force Base, New Hampshire. On April...

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