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WOODARD v. MARSH

No. 80-2300 Summary Calendar.

658 F.2d 989 (1981)

Larry J. WOODARD, Plaintiff-Appellant, v. John O. MARSH, Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied October 27, 1981.

Attorney(s) appearing for the Case

Hicks, Gillespie, James & Agee, P. C., Hal K. Gillespie, Dallas, Tex., for plaintiff-appellant.

John H. Hannah, Jr., U. S. Atty., Martha H. Clark, Asst. U. S. Atty., Tyler, Tex., Charles R. Fulbruge, III, Litigation Div., Washington, D. C., for defendant-appellee.

Before AINSWORTH, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

Larry J. Woodard brought this suit seeking reinstatement of his officer's commission in the United States Army Reserve, recall to active duty, promotion credit, payment of back wages and benefits, and correction of the Army's records. The Army filed a pre-answer "motion to dismiss or, in the alternative, for summary judgment." Without explaining its reasons, the district court granted the Army's motion "in all things," and it entered judgment...

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