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FONTANA v. WHITE

No. 01-5383.

334 F.3d 80 (2003)

John L. FONTANA, Lieutenant Colonel, and Kevin P. Murphy, Lieutenant Colonel, Appellants, v. Thomas E. WHITE, Secretary of the Army, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 2003.

Attorney(s) appearing for the Case

Charles W. Gittins argued the cause for appellants. With him on the briefs was Louise Bouscaren McKnew.

Paul A. Mussenden, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Tara Osborn and Steven D. Bryant, Counsel, Office of the Judge Advocate General.

Before: EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Appellants John L. Fontana and Kevin P. Murphy are lieutenant colonels currently serving on active duty as Army physicians at Walter Reed Medical Center in Washington, D.C. They began their military careers at the United States Military Academy at West Point in 1979, at which time each signed an agreement to complete a military service obligation in return for a free undergraduate...

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