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NICHOLSON v. BROWN

No. 77-1782.

599 F.2d 639 (1979)

William Daniel NICHOLSON, III, Plaintiff-Appellee, Cross-Appellant, v. Harold BROWN, Secretary of Defense, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

July 26, 1979.

Attorney(s) appearing for the Case

Morton Hollander, Chief, Harland F. Leathers, Atty., Appellate Section, Dept. of Justice, Washington, D. C., for defendants-appellants, cross-appellees.

Tom Thomas, Dallas, Tex., J. Byron Holcomb, Bremmerton, Wash., for plaintiff-appellee, cross-appellant.

Before WISDOM, CLARK and FAY, Circuit Judges.

WISDOM, Circuit Judge:

Major William D. Nicholson, M.D., plaintiff-appellee, was a participant in the armed services' "Berry Plan". This plan permits deferment of a draftee's active military service pending completion of his medical training. Nicholson entered into the program in 1967. This was a critical time in Nicholson's professional career. This was also a critical time in the history of the country. The Berry Plan was a program that gave aspiring doctors...

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