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ROTH v. U.S.

No. 03-5116.

378 F.3d 1371 (2004)

David C. ROTH, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 11, 2004.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., of Springfield, VA, argued for plaintiff-appellee.

J. Reid Prouty, Attorney, National Courts Section, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Bryant G. Snee, Assistant Director.

Before MICHEL, CLEVENGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

David C. Roth was given mandatory retirement from the United States Air Force at the rank of major, effective July 1, 1995, after twice having been nonselected for promotion to the rank of lieutenant colonel. This followed a mandatory discharge in 1989 for failure to be promoted to major and subsequent reinstatement and promotion to that rank after corrective action by the Air Force Board for Correction of Military Records ("Board"). Following...

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