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NEAL v. SECRETARY OF NAVY, ETC.

No. 79-2174.

639 F.2d 1029 (1981)

Joseph S. NEAL, Appellant, v. SECRETARY OF the NAVY AND COMMANDANT OF the MARINE CORPS, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 2, 1981.

Attorney(s) appearing for the Case

James D. Crawford, Deena Jo Schneider (argued), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Division, William J. McGettigan, Rachel Shao (argued), Asst. U. S. Attys., Philadelphia, Pa., for appellees; Matthew J. Gormley, III, Commander JAGC, Lieutenant T. Pierce Leary, U. S. Dept. of the Navy, Alexandria, Va., of counsel.

Before HUNTER, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

ISSUES

Joseph Neal, appellant, a member of the United States Marine Corps for more than fourteen years, was denied permission to reenlist. The questions he has presented on appeal are: (1) Whether the actions taken by the Marine Corps and the Navy with respect to Neal's reenlistment request violated their statutory mandates and relevant military regulations and procedures; (2) Whether the...

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