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MEINHOLD v. U.S. DEPT. OF DEFENSE

No. 96-56094.

123 F.3d 1275 (1997)

Volker Keith MEINHOLD, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF DEFENSE; United States Department of the Navy, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1997.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Department of Justice, Washington, DC, for defendant-appellant.

Robert Barnes, Kaye, Scholer, Fierman, Hays & Handler, LLP, Los Angeles, CA, for plaintiff-appellee.

Before BOOCHEVER, KOZINSKI and JOHN T. NOONAN, Jr., Circuit Judges.

BOOCHEVER, Circuit Judge:

Navy officer Keith Meinhold was discharged for stating that he was gay, although he later truthfully denied that he engaged in homosexual conduct. A previous panel of this court held that the Navy violated its regulations by discharging Meinhold without evidence of an expressed desire to engage in homosexual conduct. The district court awarded Meinhold attorney fees under the Equal Access to Justice Act, and the government appeals the award...

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