PATERSON v. WEINBERGER

No. 79-1441.

644 F.2d 521 (1981)

Daniel G. PATERSON, Plaintiff-Appellant, v. Caspar W. WEINBERGER, Secretary of Defense of the United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 8, 1981.


Attorney(s) appearing for the Case

David T. Lopez, Houston, Tex., for plaintiff-appellant.

Robert Darden, Asst. U.S. Atty., Houston, Tex., for defendant-appellee.

Before GODBOLD, Chief Judge, SIMPSON and THOMAS A. CLARK, Circuit Judges.


THOMAS A. CLARK, Circuit Judge:

In the district court the plaintiff-appellant challenged his forced retirement in 1975 at age 62 from a civilian position with the Army and Air Force Exchange Service ("AAFES"). The district court dismissed the plaintiff's complaint for lack of jurisdiction. We reverse. The complaint in part is certainly subject to certain jurisdictional defects. On the other hand, the defendant made only a "facial attack" and not a "factual attack...

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