SISSON v. UNITED STATES

No. 83-2000.

736 F.2d 1275 (1984)

Richard J. SISSON and Mildred Sisson, husband and wife, Plaintiffs-Appellants, v. UNITED STATES of America; Casper Weinberger, Secretary of Defense; Verne Orr, Secretary of the Air Force; George Bernert, Colonel, USAF, Commander 41st Electronic Combat Squadron (TAC), Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1984.

As Amended on Denial of Rehearing July 3, 1984.


Attorney(s) appearing for the Case

Scott L. Taylor, Tucson, Ariz., for plaintiffs-appellants.

James D. Whitney, Asst. U.S. Atty., Tuscon, Ariz., for defendants-appellees.

Before MERRILL, Senior Circuit Judge, BOOCHEVER, Circuit Judge, and WYZANSKI, Senior District Judge.


WYZANSKI, Senior District Judge.

The only question presented by appellants to which this opinion needs to address itself is whether the District Court for the District of Arizona erred in dismissing the complaint on the ground, inter alia, that the plaintiff-appellants had failed to exhaust their administrative remedies before the Military Court.

Because of the narrowness of the critical issue, we abbreviate the statement of facts.

The plaintiffs...

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