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WRONKE v. MARSH

Appeal No. 85-2629.

787 F.2d 1569 (1986)

Kenneth L. WRONKE, Appellee, v. John A. MARSH, as Secretary of the Army, et al., Appellants.

United States Court of Appeals, Federal Circuit.

April 4, 1986.

Attorney(s) appearing for the Case

J. Steven Beckett, of Reno, O'Byrne & Kepley, Champaign, Ill., argued, for appellee.

John S. Groat, of the Commercial Litigation Branch, Civ. Div., Dept. of Justice, Washington, D.C., argued, for appellants. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director. Of counsel were Major Charles W. Beardall and Lt. Col. Joyce E. Peters, of the Office of the Judge Advocate Gen., Dept. of the Army.

Before MARKEY, Chief Judge, and SMITH and NEWMAN, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a judgment of the District Court for the Central District of Illinois, vacating the discharge from the United States Army Reserve (USAR) of Kenneth L. Wronke (Wronke), ordering him reinstated with all rank and privileges to which he would have been entitled had he not been discharged, and awarding him back pay not to exceed $9,999.99. 603 F.Supp. 407 (C.D.Ill. 1985). We reverse.

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