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SPAIN v. BALL

No. 891, Docket 90-7818.

928 F.2d 61 (1991)

Richard Jeffrey SPAIN, Plaintiff-Appellant, v. William L. BALL, III, Secretary of the Navy; RAdm Donald E. Shuler, Chief, Medical Service Corps, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 12, 1991.

Attorney(s) appearing for the Case

Richard Jeffrey Spain, Ardsley, N.Y., plaintiff-appellant, pro se.

Claude M. Millman, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Marla Alhadeff, Asst. U.S. Atty., New York City; Lt. Delora L. Kennebrew, Department of Navy, Office of Judge Advocate General, Alexandria, Va., of counsel), for defendants-appellees.

Before OAKES, Chief Judge, and CARDAMONE and MAHONEY, Circuit Judges.

PER CURIAM:

Richard Jeffrey Spain appeals from a judgment of the United States District Court for the Southern District of New York, Pierre N. Leval, Judge, dismissing his statutory and constitutional challenges to the United States Navy's refusal to appoint him as a commissioned officer in the Medical Service Corps, but granting him leave to replead part of his complaint. For the reasons set forth below, we affirm the dismissal of the complaint but reverse...

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