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STEPHENS v. RESOR

No. 20507.

437 F.2d 1207 (1971)

James Darwin STEPHENS, Lieutenant Colonel Infantry, United States Army Reserve, Army Serial Number 0-359676. Plaintiff-Appellant, v. Stanley RESOR, Secretary of Army, Department of Defense, United States of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 2, 1971.

Attorney(s) appearing for the Case

C. Kilmer Combs, Pikeville, Ky., argued and on brief, for plaintiff-appellant.

J. T. Frankenberger, Asst. U. S. Atty., Lexington, Ky., for defendant-appellee; Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.

PER CURIAM.

In this case plaintiff-appellant sought to relitigate in the United States District Court for the Eastern District of Kentucky the same issues pertaining to his claim to a disability retirement pension from the United States Army that had previously been submitted to and denied by the United States Court of Claims, Stephens v. United States, 358 F.2d 951, 174 Ct.Cl. 365 (1966). The District Judge dismissed the complaint...

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