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CALLAWAY v. STETSON

PCA No. 77-0536.

448 F.Supp. 575 (1978)

Mercedes Kathleen Simonetti CALLAWAY, Plaintiff, v. The Honorable John C. STETSON, Secretary of the Air Force of the United States of America and the Air Force of the United States of America, Defendants.

United States District Court, N. D. Florida, Pensacola Division.

March 16, 1978.

Attorney(s) appearing for the Case

Ernest L. Cotton, Cotton & Wesley, Fort Walton Beach, Fla., and George E. Day, Shalimar, Fla., for plaintiff.

Thomas G. Banjanin, Asst. U. S. Atty., Pensacola, Fla., for defendants.

MEMORANDUM DECISION

ARNOW, Chief Judge.

Before the court is motion of defendants to dismiss this action.

One ground for the motion is that plaintiff has failed to exhaust her administrative remedies.

. . . a court should not review internal military affairs in the absence of (a) an allegation of the deprivation of a constitutional right, or an allegation that the military has acted in violation of applicable statutes or its own regulations...

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