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MURPHY v. U.S.

No. 92-5086.

993 F.2d 871 (1993)

James L. MURPHY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined July 19, 1993.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., Falls Church, VA, argued, for plaintiff-appellee.

John S. Groat, Attorney, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Captain William R. Swanson, Department of the Air Force, of counsel.

Before RICH, MAYER and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 19, 1993.

MAYER, Circuit Judge.

The United States appeals the judgment of the United States Court of Federal Claims,1 16 Cl.Ct. 385 (1989), holding James L. Murphy, a retired Air Force reserve officer, was unlawfully released from active duty based on incorrect military records, and ordering reinstatement, back pay and correction of military records. We reverse.<...

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