BENSING v. UNITED STATES

No. 76-1125.

551 F.2d 262 (1977)

Robert G. BENSING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 22, 1977.


Attorney(s) appearing for the Case

John P. Hartman, Booz, Hartman & Lee, Wheat Ridge, Colo., for plaintiff-appellant.

Jerre W. Dixon, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for defendant-appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.


BARRETT, Circuit Judge.

Robert G. Bensing (Bensing) appeals the dismissal of his complaint and cause of action for declaratory judgment, filed pursuant to 28 U.S.C.A. § 2201 and 28 U.S.C.A. § 1346.

Bensing sought to have 10 U.S.C.A. § 8287 declared unconstitutional insofar as it denied him promotion or retirement credit for commissioned military service performed before his 21st birthday. He also sought damages for the recordation of an erroneous...

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