SMITH v. ORR

Appeal No. 87-1384.

855 F.2d 1544 (1988)

Captain James H. SMITH, Plaintiff-Appellant, v. Secretary of the Air Force, Verne ORR, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 25, 1988.


Attorney(s) appearing for the Case

James H. Smith, Gulfport, Miss., argued pro se.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Major James Kinsella, Dept. of the Air Force, of counsel.

Gregory C. Sisk, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., argued for the amicus curiae Otis R. Bowen, M.D., Secretary of the U.S. Dept. of Health and Human Services, et al. With him on the brief were Richard K. Willard, Asst. Atty. Gen., Civ. Div., and William Kanter, Appellate Staff, Civ. Div.

John Davidson, Deputy Atty. Gen., State of Cal., San Francisco, Cal., argued for the amicus curiae Linda McMahon, Director, State Dept. of Social Services, et al. With him on the brief were John K. Van De Kamp, Atty. Gen., and John J. Klee, Jr., Deputy Atty. Gen.

Mark Howard Greenberg, Western Center of Law and Poverty, of Los Angeles, Cal., argued for the amicus curiae Victoria Grimesy, et al. With him on the brief were Robert Newman and Richard Rothschild. Also on the brief, as of counsel, were Peter Reid and Tricia Berke Vinson, Legal Aid Society of San Mateo County, Redwood City, Cal., Charles Greenfield and Brenton Rogozen, Legal Aid Society of Santa Clara County, San Jose, Cal., Evelyn R. Frank, Legal Aid Society of Alameda County, Oakland, Cal., and Anson Levitan, Legal Aid Society of San Diego County, San Diego, Cal.

Before SMITH, NEWMAN, and BISSELL, Circuit Judges.


EDWARD S. SMITH, Circuit Judge.

In this military separation/discharge case, the United States District Court for the Southern District of Mississippi, in an order dated February 19, 1987, granted the Secretary of the Air Force's (Government) motion to dismiss and/or for summary judgment and dismissed with prejudice Capt. James H. Smith's (Captain Smith) complaint seeking both reinstatement and back pay as a result of his...

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