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DUFFY v. U.S.

No. 91-2790.

966 F.2d 307 (1992)

Randy DUFFY, Plaintiff-Appellant, v. UNITED STATES of America; United States Air Force Reserve; Secretary of the Air Force; Wallace W. Whaley, individually and in his official capacity as a Lieutenant Colonel in the Air Force Reserves; Rieno C. Lanto, individually and in his official capacity as a Major in the Air Force Reserves; and Grant R. Mulder, individually and in his official capacity as Lieutenant Colonel in the Air Force Reserves, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 1992.

Rehearing Denied August 10, 1992.

Attorney(s) appearing for the Case

Robert J. Trizna, argued, Trizna & Lepri, Daniel J. Fumagalli, Fumagalli & Tecson, Chicago, Ill., for plaintiff-appellant.

Gail C. Ginsberg, Asst. U.S. Atty., Fred Foreman, U.S. Atty., Charles E. Ex, Asst. U.S. Atty., argued, Criminal Div., Chicago, Ill., for defendants-appellees.

Eugene N. Traunfeld, Vanduzer, Gershon, Jordan, Peterson & Loeffler, Chicago, Ill., for Grant R. Mulder.

Before BAUER, Chief Judge, FLAUM, Circuit Judge, and WOOD, Jr., Senior Judge.

BAUER, Chief Judge.

Between 1970 and 1986, plaintiff Randy Duffy was a member of the United States Air Force Reserves ("AFRES"). He served as a Technical Sergeant assigned to the 64th Tactical Airlift Squadron ("TAS"), a unit of the 928th Tactical Airlift Group ("TAG"), based at O'Hare Air Reserve Force Field ("ARFF"). In March 1985, Duffy's immediate commander, Lieutenant Colonel Grant R. Mulder, Commander of the 64th TAS, initiated administrative discharge proceedings...

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