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FALK v. SECRETARY OF THE ARMY

No. 499, Docket 88-6133.

870 F.2d 941 (1989)

David FALK, Plaintiff-Appellant, v. SECRETARY OF THE ARMY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Hyman Goodman, New York City, for plaintiff-appellant.

Bernard W. Bell, Asst. U.S. Atty., S.D.N.Y. (Nancy Kilson, Asst. U.S. Atty., Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., of counsel), for defendant-appellee.

Before KAUFMAN, OAKES and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

In 1964 appellant resigned from the United States Army as a result of his admitted homosexual conduct and was given an undesirable discharge. Years later he initiated and pursued a number of administrative proceedings, succeeding in upgrading his discharge from undesirable to honorable, and in having his 1964 medical diagnosis changed from homosexual to immature personality disorder. On this appeal he seeks an order compelling the Army to...

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