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JORDAN v. UNITED STATES

No. 75-1010.

522 F.2d 1128 (1975)

Robert B. JORDAN, Plaintiff-Appellant, v. UNITED STATES of America and Howard Callaway, Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 22, 1975.

Attorney(s) appearing for the Case

Clyde A. Christian, Omaha, Neb., for plaintiff-appellant.

Paul W. Madgett, Asst. U. S. Atty., Omaha, Neb., for defendants-appellees.

Before GIBSON, Chief Judge, STEPHENSON, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

This case involves a charge of discrimination against the plaintiff because of his race. The District Court dismissed the action after trial to the court. "[I]t may well be," held the court, "that plaintiff has failed to comply with the exhaustion requirement * * *." The court went on to find that it was "abundantly clear that there has been no racial discrimination" and dismissed the action. We affirm the dismissal, but we do...

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