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SCHLANGER v. UNITED STATES

No. 76-1930.

586 F.2d 667 (1978)

Herbert Phillip SCHLANGER, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 15, 1976.

Attorney(s) appearing for the Case

Herbert Phillip Schlanger, in pro. per. (argued), of Hansell, Post, Dorsey & Brandon, Atlanta, Ga., for plaintiff-appellant.

John F. Flynn, Asst. U. S. Atty. (argued), Phoenix, Ariz., for defendants-appellees.

Before KILKENNY, Senior Circuit Judge, TRASK, Circuit Judge, and HAUK, District Judge.

Rehearing and Rehearing En Banc Denied November 15, 1976.

HAUK, District Judge:

I. BACKGROUND

This is an appeal from an order of the District Court for the District of Arizona, Hon. Carl A. Muecke, dismissing plaintiff-appellant Schlanger's complaint on the grounds of res judicata and failure to state a claim upon which relief could be granted.

II. STATEMENT OF FACTS

In December 1962, Herbert Schlanger enlisted in the United...

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