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JACKSON v. UNITED STATES

No. 259-76.

573 F.2d 1189 (1978)

Allen Aaron JACKSON v. The UNITED STATES.

United States Court of Claims.

March 22, 1978.

Attorney(s) appearing for the Case

James M. Garlock, San Francisco, Cal., attorney of record for plaintiff, Belli & Choulos, Melvin M. Belli, and Morris Beatus, San Francisco, Cal., of counsel.

Sandra P. Spooner, with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant, Levator Norsworthy, Jr., Washington, D.C., of counsel.

Before SKELTON, Senior Judge, and KUNZIG and BENNETT, Judges.

ON DEFENDANT's MOTION TO DISMISS

SKELTON, Senior Judge:

This is the second time this case has been before this court. Our prior opinion, which denied any recovery to plaintiff and which dismissed his petition, is found in Jackson v. United States, 551 F.2d 282, 213 Ct.Cl. 354, vacated and remanded, 434 U.S. 947, 98 S.Ct. 471, 54 L.Ed.2d 307 (1977).

The facts show that the plaintiff enlisted in the United...

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