Opinion

William Daniel Nicholson, Iii, Cross-Appellant v. Harold Brown, Secretary of Defense, Cross

  • 605 F.2d 209
  • 1979 U.S. App. LEXIS 11090
Court
Court of Appeals for the Fifth Circuit
Filed
Oct 18, 1979
Status
Published
On the bench
Wisdom, Clark, Fay
Cited by
0 cases

The opinion

PER CURIAM:

The final two sentences of the opinion issued July 26, 1979, are withdrawn.

In its earlier opinion the Court held that the Air Force did not act arbitrarily in denying Major Nicholson’s application for exemption from active duty based on community essentiality as prescribed in Air Force regulations. The Court applied the standard for review that the plaintiff-appellee argued for and held that the Air Force determination that his services were not essential to his community had an

adequate basis in fact.

The Air Force, therefore, did not violate the due process clause in its handling of Major Nicholson’s application for exemption from active service.

The Court has again reviewed all of the contentions of the plaintiff-appellee. We hold that there is no merit to any of them.

The Petition for Rehearing is DENIED and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16) the Petition for Rehearing En Banc is DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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