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MANGAN v. WEINBERGER

No. 87-5462.

848 F.2d 909 (1988)

James A. MANGAN, on behalf of himself and the following four similarly situated classes; all other persons deprived of Physical Profile Board processes; those who have been wrongfully assigned a "4" physical profile code by AFEES; those who have been deprived of their right to counseling after examination; those who had their medical examination forged with a counterfeit stamp and/or unlawfully concealed, Appellant, v. Caspar WEINBERGER, District of Columbia, Office of the Secretary of Defense et al., Appellees. Dr. David W. CLINE, v. James A. MANGAN. James A. MANGAN, on behalf of himself and the following four similarly situated classes; all other persons deprived of Physical Profile Board processes; those who have been deprived of their right to counseling after examination; those who had their medical examination forged with a counterfeit stamp and/or unlawfully concealed, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1988.

Rehearing and Rehearing Denied July 27, 1988.

Attorney(s) appearing for the Case

William G. Mose, Brainerd, Minn., for appellant.

Jerome G. Arnold, U.S. Atty., and Mary E. Carlson, Asst. U.S. Atty., Minneapolis, Minn., for appellees.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 27, 1988.

McMILLIAN, Circuit Judge.

James A. Mangan appeals from a final order entered in the District Court1 for the District of Minnesota granting appellees' motions to dismiss appellant's amended complaints in two consolidated actions based upon his disenrollment from the Reserve Officers Training Corps (ROTC). Mangan v. Weinberger, Civ. No. 3-85-1692 (D.Minn. Aug. 31, 1987...

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