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BERG v. CLAYTOR

Civ. A. No. 76-944.

436 F.Supp. 76 (1977)

Vernon E. BERG, III, Plaintiff, v. W. Graham CLAYTOR, Jr., Defendant.

United States District Court, District of Columbia.

May 27, 1977.

Attorney(s) appearing for the Case

E. Carrington Boggan, New York City, for plaintiff.

Vincent B. Terlep, Jr., Dept. of Justice, Arthur P. Leary, Dept. of Navy, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

GESELL, District Judge.

Plaintiff Vernon Berg was involuntarily discharged as an officer of the United States Navy, following an administrative hearing, because of homosexual acts he committed while in the Service. He now claims that the discharge was unlawful, and seeks reinstatement and back pay. Berg asserts that homosexual activity is not, under the Constitution, a legitimate basis for discharge. He also contends that the...

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