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NEW v. COHEN

No. 96-5158.

129 F.3d 639 (1997)

Michael G. NEW, Appellant, v. William S. COHEN, Secretary of Defense and Togo D. West, Jr., Secretary of the Army, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 25, 1997.

Attorney(s) appearing for the Case

Michael P. Farris, Washington, DC, argued the cause for appellant, with whom Herbert W. Titus, Virginia Beach, VA, was on the briefs. Ronald D. Ray, Alexandria, VA, entered an appearance.

Michael J. Ryan, Assistant U.S. Attorney, Washington, DC, argued the cause for appellees, with whom Mary Lou Leary, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney, were on the brief.

Before: EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge.

Michael G. New was serving in the United States Armed Forces as a Medical Specialist in August 1995 when he received notice that his unit was to be deployed to the Republic of Macedonia as part of the United Nations Peacekeeping Force ("U.N. Force"). Subsequently, Specialist New refused to follow orders to appear in formation wearing U.N. insignia and headgear. His...

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