Sanders v. United States

I concur in the result, but I am unable to join in the court’s opinion as I disagree with some of the statements it contains.

This case was argued March 11, 1977, before a panel consisting of Judges Kunzig, Bennett, and myself. We deemed that any decision was likely to have a precedential *316impact in view of the large number of cases pending involving situations that were similar at least in broad outline: that is, Armed Services officers were plaintiffs, whose careers were prematurely cut off by nonselection for promotion during the highly competitive post-Vietnam liquidation period, and who…