STEPHENS v. RESOR

No. 2068.

323 F.Supp. 26 (1970)

James Darwin STEPHENS, Lieutenant Colonel, Infantry, United States Army Reserve, Army Serial Number O-359676, Plaintiff, v. Stanley R. RESOR, Secretary of the Army, Department of Defense, United States of America, Defendant.

United States District Court, E. D. Kentucky, Lexington Division.

March 31, 1970.


Attorney(s) appearing for the Case

Paul E. Hayes, Joe P. Tackett, C. Kilmer Combs, Prestonsburg, Ky., Julius Rather, Lexington, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., for defendant.


MEMORANDUM

SWINFORD, District Judge.

In the present action the plaintiff seeks to have his name placed on the Army Disability Retired list and a declaration that his discharge by the Army was null and void.

The Government has moved to dismiss on the grounds that the present action is barred by the Doctrine of Res Judicata, or in the alternative for summary judgment. The government contends that these matters were raised and adjudicated by the plaintiff...

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