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CONE v. CALDERA

No. 99-5110.

223 F.3d 789 (2000)

George E. CONE, Jr., Appellee, v. Louis CALDERA, Secretary of the Army, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 2000.

Attorney(s) appearing for the Case

Fred E. Haynes, Assistant U.S. Attorney, argued the cause for appellant. With him on the brief were Wilma A. Lewis, U.S. Attorney, and Michael J. Ryan and R. Craig Lawrence, Assistant U.S. Attorneys.

John A. Wickham argued the cause and filed the brief for appellee.

Before: WILLIAMS, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

George E. Cone, Jr. filed suit in United States District Court challenging the Army's refusal to amend his Officer Evaluation Report. The court concluded that the Army's refusal was arbitrary and capricious, and directed the Army to improve Cone's rating. We reverse.

I

Cone served as a captain in the United States Army and commanded an infantry company during the...

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