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ALBERICO v. UNITED STATES

Appeal No. 85-1988.

783 F.2d 1024 (1986)

Gregory ALBERICO, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 10, 1986.

Attorney(s) appearing for the Case

Alan C. Friedberg, Pendleton & Sabian, P.C., Denver, Colo., for appellant.

Robert G. Giertz, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee; with him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director and Michael T. Paul, LtC. Joyce E. Peters, Maj. Thomas R. Folk and Delbert Bauldock, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., of counsel.

Before FRIEDMAN, BENNETT and BISSELL, Circuit Judges.

DECISION

BENNETT, Circuit Judge.

Appellant Gregory Alberico appeals from the December 28, 1984 decision of the United States Claims Court (Kozinski, C.J.), reported in 7 Cl.Ct. 165 (1984), denying his request for (1) a declaratory judgment that his release from active duty in the United States Army was invalid, (2) an order correcting his military records to reflect his retirement in the grade of captain, and (3) for retirement pay and benefits. We affirm...

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