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FORS v. LEHMAN

No. 83-4082.

741 F.2d 1130 (1984)

Jennie B. FORS, Guardian of Lieutenant Colonel Gary H. Fors, United States Marine Corps, Plaintiff-Appellant, v. Honorable John LEHMAN, Jr., Secretary of the Navy: Major Gary Allord, USMC; and General Paul X. Kelley, USMC, Commandant of the Marine Corps, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1984.

Attorney(s) appearing for the Case

Carl E. McAfee, Cline, McAfee, & Adkins, Norton, Va., for plaintiff-appellant.

Anastasia Dritshulas, Asst. U.S. Atty., Seattle, Wash., for defendant-appellee.

Before PECK, WRIGHT, and FARRIS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The non-dependent mother of Marine Lt. Col. Gary Fors challenges the Navy Secretary's reclassification of her son from missing in action to killed in action. We affirm the district court's dismissal for lack of standing.

FACTS

In December 1967, a plane piloted by Gary Fors, then a Marine Corps captain, was shot down in Laos. Fors and his radar officer were seen ejecting from the aircraft. A recovery team found the...

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