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SHEEHAN v. ARMY AND AIR FORCE EXCHANGE SERVICE

No. 79-1471.

619 F.2d 1132 (1980)

Arthur Edward SHEEHAN, Plaintiff-Appellant, v. ARMY AND AIR FORCE EXCHANGE SERVICE, An Instrumentality of the Departments of the Army and of the Air Force, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 1980.

Attorney(s) appearing for the Case

Ira E. Tobolowsky, Irwin Lightstone, Dallas, Tex., for plaintiff-appellant.

Stafford Hutchinson, Asst. U. S. Atty., Dallas, Tex., Thomas W. Petersen, Wm. Kanter, Commercial Litigation Branch, Civil Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before GOLDBERG, GARZA and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

The sole issue on this appeal is whether the district court has been vested with subject matter jurisdiction to adjudicate a suit filed by Arthur Sheehan against the Army and Air Force Exchange Service ("AAFES") based upon wrongful discharge from employment. The lower court dismissed for want of subject matter jurisdiction. We reverse and remand because we are persuaded that the lower court did not lack jurisdiction.

I. The Facts...

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