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MATTHEWS v. MARSH

No. 84-1482.

755 F.2d 182 (1985)

Diane L. MATTHEWS, Plaintiff, Appellee, v. John O. MARSH, Jr., Secretary of the Army, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 22, 1985.

Attorney(s) appearing for the Case

William G. Cole, Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Richard S. Cohen, U.S. Atty., Portland, Me., and Anthony J. Steinmeyer, Washington, D.C., were on brief for defendant, appellant.

Michael P. Asen, Portland, Me., with whom Robert Edmond Mittel and Mittel & Hefferan, Portland, Me., were on brief for plaintiff, appellee.

Before BREYER and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

TORRUELLA, Circuit Judge.

This appeal arises from a suit brought by Diane L. Matthews to challenge her disenrollment from the Reserve Officers Training Corps which followed her voluntary admission that she was a homosexual. For the reasons set out below, we vacate the district court's decision and remand the case for further proceedings.

Commencing in 1976 Appellee Matthews served in the United States Army for four years as a field communications equipment...

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