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BAIE v. SECRETARY OF DEFENSE

No. 84-5823.

784 F.2d 1375 (1986)

Harry H. BAIE, Jr., Plaintiff-Appellant, v. The SECRETARY OF DEFENSE of the United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1986.

Attorney(s) appearing for the Case

Edison P. McDaniels, San Bernardino, Cal., for plaintiff-appellant.

Herbert W. Booker, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee.

Before: WRIGHT, ALARCON, and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

Appellant Harry Baie, a retired member of the United States Marine Corps, claims that he is entitled to reimbursement under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), 10 U.S.C. §§ 1071-1089 (1982), for the cost of small-carrion penile implant surgery. Baie applied for reimbursement under CHAMPUS after undergoing the surgery in a non-military hospital. CHAMPUS officials denied Baie's application on...

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