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WALLACE v. BROWN

No. 79 CIV. 3545.

485 F.Supp. 77 (1979)

Peter P. WALLACE, Petitioner, v. Harold S. BROWN, Secretary of Defense, Clifford L. Alexander, Secretary of the Army, and Andrew J. Goodpaster, Superintendent United States Military Academy, Respondents.

United States District Court, S. D. New York.

October 9, 1979.

Attorney(s) appearing for the Case

Henry J. Boitel, New York City, Paul A. Kiefer, Washington, D. C., for petitioner.

Robert B. Fiske, Jr., U. S. Atty. by Stanley D. Davis, Asst. U. S. Atty., New York City, Francis Cooch, Major, Judge Advocate General Corps., Washington, D. C., for respondents.

OPINION ON MOTION

MOTLEY, District Judge.

I. Grounds for Motion Under Fed.R.Civ.P. 52(b), 59(e)

Respondents have filed a motion under Fed.R.Civ.P. 52(b), 59(e) to amend the Findings of Fact and Judgment in Wallace v. Brown, No. 79 Civ. 3545 (S.D.N.Y. August 28, 1979). Their grounds for this motion are that this court was in error in finding that petitioner, Wallace, had completed his military...

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