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PENNISI v. ALEXANDER

No. 79-2763. Summary Calender.

611 F.2d 566 (1980)

Oswald A. PENNISI, Plaintiff-Appellant, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 7, 1980.

Attorney(s) appearing for the Case

Kennedy & Kennedy, Reid W. Kennedy, Reid G. Kennedy, Atlanta, Ga., for plaintiff-appellant.

Gregory J. Leonard, Asst. U. S. Atty., Macon, Ga., for defendant-appellee.

Before CHARLES CLARK, VANCE and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

This action was initiated in the district court to review a final administrative order of the Army Board for the Correction of Military Records. The district court dismissed upon the affirmative defense of res judicata. Nicholson v. Brown, 599 F.2d 639, 646 (5th Cir. 1979); Nolen v. Rumsfeld, 535 F.2d 888, 890 (5th Cir. 1976). The district court's order of June 21, 1979,...

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