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THOMAS v. CHENEY

No. 90-1135.

925 F.2d 1407 (1991)

James Andrew THOMAS, Plaintiff-Appellee, v. Dick CHENEY, Secretary of Defense, and Michael P.W. Stone, Secretary of the Army, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

February 12, 1991.

Attorney(s) appearing for the Case

James A. Thomas, Guidepost, Inc., Phoenix, Ariz., argued, pro se.

E. Roy Hawkens, Dept. of Justice, Washington, D.C., argued, for defendants-appellants. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., Tony M. Graham, U.S. Atty. and Anthony J. Steinmeyer. Also on the brief were Lt. Col. Mark A. Steinbeck, and Maj. Robert C. McFetridge, Office of the Judge Advocate General, Dept. of the Army.

Before NEWMAN and MICHEL, Circuit Judges, and CONTI, Senior District Judge.

MICHEL, Circuit Judge.

Defendants, the Secretaries of Defense and the Army (collectively "the Army"), appeal the judgment of the United States District Court for the Northern District of Oklahoma, reversing the decision of the United States Army Board for Correction of Military Records ("Board"), In the Case of James A. Thomas, AC85-07092 (Nov. 26, 1986), and ordering expunged from Thomas' military personnel records...

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