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SHARP v. WEINBERGER

No. 84-5666.

798 F.2d 1521 (1986)

Allen SHARP, Lieutenant Colonel, United States Air Force Reserves, Appellant, v. Caspar WEINBERGER, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1986.

Attorney(s) appearing for the Case

Charles W. Halleck, Washington, D.C., for appellant.

John Oliver Birch, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C. were on brief, for appellees.

Before BORK and SCALIA, Circuit Judges, and FRIEDMAN, Circuit Judge for the United States Court of Appeals for the Federal Circuit.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

On April 6, 1984, the United States Department of Defense revised its Directive 1200.7 to require that all members of the Ready Reserve who also were "key" federal employees — a category defined to include, among others, federal judges — be discharged or transferred to either the Standby or the Retired Reserve. Appellant, Chief Judge for the United States District Court...

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