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LEYLAND v. ORR

No. 86-6441.

828 F.2d 584 (1987)

Jane Anne LEYLAND, Plaintiff-Appellant, v. Verne ORR, Secretary of the Air Force, James F. Egbert, Commander, United States Air Reserve Personnel Center, and James E. Christman, Surgeon, United States Air Reserve Personnel Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 23, 1987.

Attorney(s) appearing for the Case

A.P. Zmurkiewicz, San Diego, Cal., for plaintiff-appellant.

E. Roy Hawkens, Washington, D.C., for defendants-appellees.

Before BROWNING, Chief Judge, FLETCHER and POOLE, Circuit Judges.

PER CURIAM:

Leyland was honorably discharged from the Air Force Reserves as psychologically unsuitable and physically unfit because of transsexualism and completion of sex change surgery. Leyland filed this action for declaratory relief, seeking to have her discharge vacated. The district court granted summary judgment for the Air Force. Leyland appeals, arguing her discharge was arbitrary and not based on an individualized assessment of her ability to perform her...

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