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COLM v. VANCE

No. 76-1252.

567 F.2d 1125 (1977)

Peter W. COLM and John M. McIntyre, Appellants, v. Cyrus R. VANCE, Secretary of State, U. S. Department of State.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1977.

Attorney(s) appearing for the Case

Murray J. Belman, Washington, D. C., for appellants.

Neil A. Kaplan, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, and Ann S. DuRoss, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Richard B. Finn, Chicago, Ill., filed a brief on behalf of the American Foreign Service Ass'n as amicus curiae urging reversal.

Suellen T. Keiner, Washington, D. C., filed a brief on behalf of the American Federation of Government Employees, AFL-CIO, as amicus curiae urging reversal.

Before TAMM, ROBINSON and ROBB, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

Opinion filed by ROBB, Circuit Judge, concurring in the remand.

TAMM, Circuit Judge:

Section 633 of the Foreign Service Act of 1946, as amended, provides for the "selection-out" of Foreign Service officers who fail to be promoted to the next higher grade within a period of years prescribed from time to time by the Secretary of State. This provision, central...

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