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IN RE ENGLAND

Nos. 03-5329, 03-5333, 03-5334.

375 F.3d 1169 (2004)

In re: Gordon R. ENGLAND, Secretary of the Navy, et al., Petitioners.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2004.

Rehearing Denied September 21, 2004.

Attorney(s) appearing for the Case

Robert M. Loeb, Attorney, U.S. Department of Justice, argued the cause for petitioners/appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Marleigh D. Dover, Attorney.

Arthur A. Schulcz, Sr. argued the cause and filed the brief for respondents/appellees.

Before: GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

Rehearing En Banc Denied September 21, 2004.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

Navy chaplains, like other Navy officers, are recommended for promotion by "selection boards" consisting of superior officers who meet and discuss the relative merits of candidates for promotion. The federal statute establishing the procedures for such selection boards, which applies to all the armed services, provides that board...

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