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GOWER v. LEHMAN

No. 86-3809.

799 F.2d 925 (1986)

Leonard P. GOWER, Appellant, v. John LEHMAN, Secretary of the Navy, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1986.

Attorney(s) appearing for the Case

Wesley W. Metheney (Clark B. Frame, Wilson, Frame & Metheney, Morgantown, W.Va., on brief), for appellant.

Irene M. Solet, Appellate Staff, Civil Div., U.S. Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., William A. Kolibash, U.S. Atty., Wheeling, W.Va., and Barbara L. Herwig, Washington, D.C., on brief), for appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Leonard P. Gower appeals from an order of the district court transferring his action for wrongful discharge from the United States Navy to the Claims Court. We vacate the order and remand the case for further proceedings.

I

Gower was discharged from the Navy for "alcohol abuse rehabilitative failure." Protesting that he was not an alcoholic or an alcohol dependent, Gower sought administrative review of the discharge...

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