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PRUITT v. CHENEY

No. 87-5914.

963 F.2d 1160 (1992)

Dusty PRUITT, Captain, U.S.A.R., Plaintiff-Appellant, v. Richard CHENEY, Secretary of Defense; Michael P.W. Stone, Secretary of the Army; Ronald W. Zeltman, Brigadier General, Commanding Officer U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1991.

Amended Opinion on Denial of Rehearing and Rehearing Filed May 8, 1992.

Attorney(s) appearing for the Case

May Newcombe, Christopher G. Caldwell, Hedges and Caldwell; Jon Davidson, Paul Hoffman, Susan McGreivy, ACLU Foundation of Southern California, Los Angeles, Cal., for plaintiff-appellant.

E. Roy Hawkens, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Paula Ettelbrick, Mickey Wheatley, Lambda Legal Defense and Educ. Fund, Inc., New York City, Charles T. Bumer, Nat. Lawyers Guild, San Diego, Cal., for amici curiae.

Before: FLETCHER, CANBY, and O'SCANNLAIN, Circuit Judges.

Amended Opinion on Denial of Rehearing and Rehearing En Banc Filed May 8, 1992.

ORDER

The panel has voted unanimously to amend the opinion previously issued in this case. The amended opinion is attached and is ordered filed.

With that amendment, the panel has voted to deny the petition for rehearing and suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc, and of the proposed amendment...

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