CAMMERMEYER v. PERRY

Nos. 94-35600, 94-35674.

97 F.3d 1235 (1996)

Margarethe CAMMERMEYER, Colonel, Plaintiff-Appellee, v. William J. PERRY, Secretary of Defense; Togo D. West, Secretary of the Army; United States of America, Defendants-Appellants. (Two Cases)

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1996.


Attorney(s) appearing for the Case

Anthony Steinmeyer, Edward Himmelfarb, Robert V. Zener, David M. Glass, Vincent M. Garvey & John C. Hoyle, U.S. Department of Justice, Washington, DC; Majors Tara O. Hawk & Douglas K. Mickle, Office of Judge Advocate General, for defendants-appellants.

Mary Newcombe & Sherryl Elise Michaelson, Hedges & Caldwell, Los Angeles, CA; Jeffrey I. Tilden & Michael Himes, Perkins Coie, Seattle, WA; Beatrice Dohrn & Jon W. Davidson, Lambda Legal Defense and Education Fund, Inc., Los Angeles, CA; Charles T. Bumer, National Lawyers Guild, San Diego, CA, for plaintiff-appellee.

David H. Braff, Edward A. Harris and Michael E. Johnson, Sullivan & Cromwell, New York City; Gregory A. Bonfiglio and Dennis M. Perluss, Morrison & Foerster, San Francisco, CA, for Amici Curiae American Federation of Television and Radio Artists; Gay, Lesbian, Bisexual Veterans of Greater New York; The Alexander Hamilton Post 448 of the American Legion; Gay, Lesbian, Bisexual Veterans of America, Veterans for Human Rights, Inc.

Amy E. Margolin, Gerald Z. Marer and Robin E. Kelsey, Jackson, Tufts, Cole & Black, San Franciso, CA, for Amicus Curiae Servicemembers Legal Defense Network.

James E. Lobsenz, Carney, Badley, Smith & Spellman, Seattle, WA, for Amicus Curiae American Civil Liberties Union.

Before: FLETCHER, KOZINSKI and LEAVY, Circuit Judges.


KOZINSKI, Circuit Judge.

I

Colonel Margarethe Cammermeyer is a highly decorated nurse who has served in the Army, Army Reserve and National Guard. She has received numerous awards and distinctions, including the Bronze Star for distinguished service in Vietnam, and has held the position of Chief Nurse at a number of military hospitals. While seeking admission to the Army War College, Cammermeyer was interviewed by the Defense Investigative Service in order...

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