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COLE v. UNITED STATES

No. 259-81C.

689 F.2d 1040 (1982)

Peter C. COLE v. The UNITED STATES.

United States Court of Claims.

September 22, 1982.

Attorney(s) appearing for the Case

David Van Os, Austin, Tex., attorney of record, for plaintiff.

Alvin A. Schall, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant; Robert Brittigan, Defense Nuclear Agency, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and NICHOLS and KASHIWA, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PER CURIAM:

Plaintiff is a former commissioned officer, a captain in the Regular Army. He was separated by honorable discharge March 10, 1977, under circumstances to be stated. He sues for reinstatement and back pay. Defendant moves for summary judgment and there is no cross-motion. Defendant's legal points are valid in part, but the case is not ripe for summary judgment because there are triable issues.

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