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HUDIBURGH v. UNITED STATES

No. 78-2051.

626 F.2d 813 (1980)

Gary W. HUDIBURGH, Jr., Plaintiff-Appellant, v. UNITED STATES of America and Clifford Alexander, Jr., Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 8, 1980.

Attorney(s) appearing for the Case

Gary W. Hudiburgh, Jr., pro se.

Douglas N. Letter, Atty., App. Staff, Civ. Div., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Joseph F. Dolan, U. S. Atty., Denver, Colorado, and Leonard Schaitman, Atty., App. Staff, Civ. Div., Dept. of Justice, Washington, D. C., with him on brief), for defendants-appellees.

Before SETH, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Appellant here appeals, pro se, from an order of dismissal of his complaint by the United States District Court for the District of Colorado. The complaint sought recovery under the Federal Tort Claims Act, 28 U.S.C. Section 2671 et seq. It also sought the issuance of a writ of mandamus to the Secretary of the Army requiring consideration of an administrative claim previously denied under the Military Claims Act, 10 U.S.C. Section...

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