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KAISER v. SECRETARY OF NAVY

Civ. A. No. 81-K-912.

525 F.Supp. 1226 (1981)

Alfred J. KAISER, Plaintiff, v. The SECRETARY OF the NAVY and the Board for Correction of Naval Records, Defendants.

United States District Court, D. Colorado.

November 17, 1981.

Attorney(s) appearing for the Case

Richard M. Borchers and Wayne E. Stockton, Westminster, Colo., for plaintiff.

Joseph F. Dolan, U. S. Atty., Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is an action for mandamus and injunctive relief, pursuant to 28 U.S.C. §§ 1361, 1331, to compel the defendants to upgrade the plaintiff's 1948 military discharge. The defendants have moved to dismiss for failure to state a claim, pursuant to F.R.Civ.P. 12(b)(6), on the ground that the action is barred by the statute of limitations and laches. For the following reasons, the motion is denied...

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