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SMITH v. UNITED STATES AIR FORCE

Civ. A. No. 41511.

280 F.Supp. 478 (1968)

James SMITH, Plaintiff, v. UNITED STATES AIR FORCE and Secretary of the Air Force, Defendants.

United States District Court E. D. Pennsylvania.

January 4, 1968.

Attorney(s) appearing for the Case

Carlyle M. Tucker, Philadelphia, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., for defendants.

MEMORANDUM OPINION

WEINER, District Judge.

Plaintiff Smith was given an honorable discharge from the United States Air Force on August 25, 1959, under Section B of Air Force Regulation 39-16 (Discharge for Unsuitability). Unable later to reenlist because of the nature of his prior discharge, Smith then sued, under 28 U.S.C. § 1361, to compel the Secretary of the Air Force, under 10 U.S.C. § 1552(a)...

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