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HOFFMAN v. U.S.

No. 89-1427.

894 F.2d 380 (1990)

Gary C. HOFFMAN, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 18, 1990.

Attorney(s) appearing for the Case

Richard D. Marks, of Dow, Lohnes & Albertson, Washington, D.C., argued for plaintiff-appellant. With him on the brief was Leslie H. Wiesenfelder.

John S. Groat, of the Civil Div., Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, and Robert A. Reutershan, Asst. Director. Of counsel was Major Alice Kottmyer, Dept. of the Air Force.

Before RICH, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The issue in this case, here on appeal from the United States Claims Court, is whether that court correctly upheld the decision of the Air Force Board for the Correction of Military Records (Correction Board) that the appellant Hoffman was not entitled to set aside several of his low Officer Efficiency Reports (OERs) and to be restored to active duty. Then Captain Hoffman was released from...

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