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WALMER v. U.S. DEPT. OF DEFENSE

No. 93-3377.

52 F.3d 851 (1995)

Joyce L. WALMER, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF DEFENSE and Department of the Army, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 4, 1995.

Attorney(s) appearing for the Case

Jeffrey L. Baxter (Jeffrey E. Goering with him, on the brief), of Chapman, Waters & Baxter, Leavenworth, KS, for plaintiff-appellant.

Michael A. Vatis, Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen., Randall K. Rathbun, U.S. Atty., Anthony J. Steinmeyer, Robert A. Van Kirk, Attys., Dept. of Justice, Washington, DC, LTC., Nolon J. Benson, Jr., CPT., Tara O. Hawk, of counsel, U.S. Army, Arlington, VA, on the brief), for defendants-appellees.

Before BALDOCK, McKAY, and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff Joyce L. Walmer appeals the district court's denial of her motion for a preliminary injunction. We exercise jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) and we affirm.

Plaintiff has served in the United States Army since 1979, and held the rank of major at the time of the discharge proceedings at issue here. In January 1992, Ms. Pamela O'Brien informed the Army that she and Plaintiff had been involved in a homosexual...

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