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SIBLEY v. BALL

No. 90-1792.

924 F.2d 25 (1991)

Edward N. SIBLEY, Plaintiff, Appellant, v. William L. BALL, III, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 30, 1991.

Attorney(s) appearing for the Case

Peter F. Staiti, New Bedford, Mass., for plaintiff, appellant.

Gary S. Katzmann, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., and Captain R.C. Barber, USMC, Dept. of the Navy, Boston, Mass., were on brief, for defendant, appellee.

Before CAMPBELL and CYR, Circuit Judges, and POLLAK, Senior District Judge.

LOUIS H. POLLAK, Senior District Judge.

This case grows out of the 1985 discharge from military service, "under other than honorable conditions," of a career officer, Major Edward N. Sibley of the Marine Corps. The discharge was recommended in September of 1984 by a Board of Inquiry which found that Major Sibley had committed acts that were sexually abusive of his three children. The Board of Inquiry's recommendation was approved, on behalf of the Secretary of the...

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