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STOKES v. ORR

Civ. A. No. 85-2170-S.

628 F.Supp. 1085 (1985)

J.C. STOKES, Plaintiff, v. Verne ORR, Secretary of the Air Force, Defendant.

United States District Court, D. Kansas.

September 13, 1985.

Attorney(s) appearing for the Case

C.W. Cade, Ed Schneeberger, Chartered, Leavenworth, Kan., John A. Dicke, Denver, Colo., for plaintiff.

Benjamin L. Burgess, Jr., U.S. Atty., Julie Robinson Trice, Asst. U.S. Atty., Kansas City, Kan., Alexander S. Nicholas, Major, General Litigation Div., Office of The Judge Advocate General, United States Air Force, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant's motion to dismiss pursuant to Rule 12(b)(1) and (6), Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction. This action involves an appeal of plaintiff's conviction of felony counts by court-martial.

Defendant asserts that plaintiff has failed to state a claim upon which...

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