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PACYNA v. MARSH

CIV-83-205C.

617 F.Supp. 101 (1984)

Clement J. PACYNA, Plaintiff, v. John O. MARSH, Jr., Secretary of the Army, Defendant.

United States District Court, W.D. New York.

March 7, 1984.

Attorney(s) appearing for the Case

Timothy R. Lovallo, Buffalo, N.Y., for plaintiff.

Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y. (Cheryl S. Fisher, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for defendant.

CURTIN, Chief Judge.

In this case, plaintiff seeks review of a final decision of the Secretary of the Army. Defendant moves to dismiss on the ground that plaintiff has failed to state a claim and, in the alternative, for summary judgment. The basis for these motions is lack of jurisdiction, statute of limitations, and laches.

The history of this litigation is a long one. It began in 1951, when plaintiff...

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