MEMORANDUM AND ORDER
JOHN W. OLIVER, District Judge.
Petitioner, a captain in the United States Army, instituted the present action seeking to enjoin his discharge from the Army on any basis other than medical with a percentage disability rating. The case presently pends on respondent's alternative motion to dismiss for lack of jurisdiction and for summary judgment. For the reasons stated below, we conclude that the motion should be denied and that the restraining...
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