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MONK v. SECRETARY OF NAVY

No. 84-5874.

793 F.2d 364 (1986)

Solomon MONK, a/k/a David L. Martin v. SECRETARY OF the NAVY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1986.

Attorney(s) appearing for the Case

Stuart H. Newberger, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on brief, for appellant. John H.E. Bagly, Jr., Asst. U.S. Atty., Washington, D.C., also entered an appearance, for appellant.

Stephen A. Armstrong, Fairfax, Va., for appellee.

Before MIKVA and BORK, Circuit Judges, and GREENE, District Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge BORK.

Concurring opinion filed by Circuit Judge MIKVA.

BORK, Circuit Judge:

Defendant Secretary of the Navy appeals an order of the district court denying his motion to dismiss and his motion for summary judgment and granting plaintiff Monk's motion for summary judgment. Because the district court lacked jurisdiction over Monk's action, we reverse and remand this case to the district court with instructions...

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