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BLASSINGAME v. SECRETARY OF NAVY

No. 369, Docket 86-6037.

811 F.2d 65 (1987)

Larry BLASSINGAME, Plaintiff-Appellant, v. SECRETARY OF the NAVY, Naval Discharge Review Board and Board for the Correction of Naval Records, Defendants-Appellees. Vietnam Veterans of America, Amicus Curiae.

United States Court of Appeals, Second Circuit.

Decided January 26, 1987.

Attorney(s) appearing for the Case

Stephen P. Younger, New York City (Patterson, Belknap, Webb & Tyler, Michael B. Mukasey, Harman A. Grossman, of counsel), for plaintiff-appellant.

David M. Nocenti, Brooklyn, N.Y., Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., Commander Richard Philpott, Captain Michael McClosky, Office of the Judge Advocate General, Dept. of the Navy, of Counsel), for defendants-appellees.

Barton F. Stichman, Julia A. Trotter, Washington, D.C., Vietnam Veterans of America Legal Services, for Larry E. Blassingame, as amicus curiae.

Before FEINBERG, Chief Judge, NEWMAN and MINER, Circuit Judges.

FEINBERG, Chief Judge:

This case raises a number of questions growing out of attempts by a former member of the United States Marine Corps, Larry E. Blassingame, to upgrade his discharge status from undesirable to honorable. Plaintiff Blassingame appeals from an order of the United States District Court for the Eastern District of New York, Thomas C. Platt, J., which dismissed Blassingame's complaint and granted summary judgment to defendants, the Secretary of the...

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