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BRIN v. MARSH

Civ. A. No. 84-2516.

596 F.Supp. 1007 (1984)

Richard J. BRIN, Plaintiff, v. John O. MARSH, Jr., Secretary of the Army, Defendant.

United States District Court, District of Columbia.

November 5, 1984.

Attorney(s) appearing for the Case

Ray L. Hanna and Nancy A. Murray of Barrett & Hanna, Washington, D.C., for plaintiff.

Mitchell R. Berger, Royce C. Lamberth, Asst. U.S. Attys.; Joseph E. diGenova, U.S. Atty., Washington, D.C., for defendant; Major Wayne Price, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., of counsel.

CHARLES R. RICHEY, District Judge.

Introduction

In this case, plaintiff seeks mandamus to compel the Secretary of the Army (The Secretary) to discharge him from the military and to cause plaintiff to receive all retirement benefits to which he is entitled. The defendant seeks to dismiss the action on the ground that plaintiff is a fugitive and is, therefore, barred from access to this Court. Upon consideration of plaintiff's Complaint, defendant's...

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