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COOPER v. MARSH

Appeal No. 85-2759.

807 F.2d 988 (1986)

Marcellous COOPER, Jr., etc., Appellant, v. John O. MARSH, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

December 19, 1986.

Attorney(s) appearing for the Case

Stephen C. Glassman, Bonner & O'Connell, Washington, D.C., argued for appellant.

John S. Groat, Commercial Litigation Branch, Department of Justice, Washington, D.C., argued for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Van Teasley. Major Charles W. Beardall and Major Craig P. Niederpruem, Office of the Judge Advocate General, Department of Army, of counsel.

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

BISSELL, Circuit Judge.

This appeal is from the order of the district court dismissing Cooper's amended complaint. Cooper v. Marsh, No. 84-0320 (D.D.C. Apr. 18, 1985). We vacate and remand.

BACKGROUND

Cooper, a former captain in the Army, was tried by a court-martial on charges of conduct unbecoming an officer and fraternization. Prior to trial Cooper moved to dismiss the fraternization charge on the grounds that it violated his fifth amendment...

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