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FAIRCHILD v. LEHMAN

Appeal No. 86-1392.

814 F.2d 1555 (1987)

John A. FAIRCHILD, Appellee, v. John F. LEHMAN, Jr., Secretary of the Navy, et al., Appellant.

United States Court of Appeals, Federal Circuit.

March 13, 1987.

Attorney(s) appearing for the Case

John S. Groat, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellant. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director. Of counsel were Commander Arthur R. Philpot and Lieutenant Commander Michael Lawlor, Dept. of the Navy, Office of the Judge Advocate Gen.

Thomas B. Kenworthy, of Morgan, Lewis & Bockius, of Philadelphia, Pa., for appellee.

Before SMITH, Circuit Judge, BALDWIN, Senior Circuit Judge and BISSELL, Circuit Judge.

BISSELL, Circuit Judge.

The Secretary of the Navy (Secretary) appeals from the order of the United States District Court for the Eastern District of Virginia, 609 F.Supp. 287 (E.D.Va.1985), entering summary judgment in favor of John A. Fairchild (Fairchild) on his claim that the Board of Corrections of Navy Records (BCNR) erroneously upheld Fairchild's discharge from the United States Marine Corps under other than honorable conditions...

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