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SCHLESINGER v. BALLARD

No. 73-776.

419 U.S. 498 (1975)

95 S.Ct. 572

42 L.Ed.2d 610

SCHLESINGER, SECRETARY OF DEFENSE, ET AL. v. BALLARD.

Supreme Court of United States.

Decided January 15, 1975.

Attorney(s) appearing for the Case

Harriet S. Shapiro argued the cause for appellants. On the briefs were Solicitor General Bork, Assistant Attorney General Hills, Deputy Solicitor General LaFontant, Edmund W. Kitch, Robert E. Kopp, and Michael Kimmel.

Charles R. Khoury, Jr., argued the cause for appellee. With him on the brief was Morris S. Dees, Jr.

MR. JUSTICE STEWART delivered the opinion of the Court.

Appellee Robert C. Ballard is a lieutenant in the United States Navy. After more than nine years of active service as a commissioned officer, he failed, for a second time, to be selected for promotion to the grade of lieutenant commander, and was therefore subject to mandatory discharge under 10 U. S. C. § 6382 (a).1 He brought suit...

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