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WOODWARD v. U.S.

No. 86-1283.

871 F.2d 1068 (1989)

James M. WOODWARD, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 2, 1989.

Suggestion for Rehearing Declined May 12, 1989.

Attorney(s) appearing for the Case

Daniel M. Schember, of Gaffney, Anspach, Schember, Klimaski & Marks, Washington, D.C., argued for appellant.

John S. Groat, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and M. Susan Burnett, Asst. Director. Of counsel was Lt. Col. Keith Sefton, of the Dept. of the Navy, Office of the Judge Advocate General, Alexandria, Va.

Before FRIEDMAN, SMITH and ARCHER, Circuit Judges.

Suggestion for Rehearing In Banc Declined May 12, 1989.

ARCHER, Circuit Judge.

Appellant James M. Woodward appeals the summary judgment of the United States Claims Court, No. 692-83C (March 31, 1986), upholding the decision of the Department of the Navy (Navy) to release him from active duty. We affirm that judgment, but on other grounds.

Background

Woodward enlisted in the U.S. Naval Reserve in June 1972. At that time, he completed...

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