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CROSS v. FISCUS

No. 87-1548.

830 F.2d 755 (1987)

Charles D. CROSS, Plaintiff-Appellant, v. Roger D. FISCUS, Donald Rathburger, and Jessie Hicks, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 25, 1987.

Attorney(s) appearing for the Case

John H. Bickley, Jr., Bickley & Bickley, Chicago, Ill., for plaintiff-appellant.

Lt. Col. Keith Sefton, U.S.M.C. Dept. of Navy, Office of Judge Advocate Gen., Alexandria, Va., Frederick H. Branding, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Enlisted men often say nasty things about officers behind their backs. Military discipline forbids many kinds of challenges to the authority of officers, and even the permitted challenges have their risks. The military services allow people to go over the heads of their commanding officers to complain of wrongdoing, real or imagined. Roger Fiscus, Donald Rathburger, and Jessie Hicks, three gunnery sergeants of the 4th Marine Division (Reserve...

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