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REYNOLDS v. ARMY AND AIR FORCE EXCHANGE SERVICE

No. 88-1050.

846 F.2d 746 (1988)

Karen S. REYNOLDS, Plaintiff-Appellant, v. ARMY AND AIR FORCE EXCHANGE SERVICE, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 16, 1988.

Attorney(s) appearing for the Case

Richard B. Thomas, Thomas Law Firm, Minot, N.D., submitted for plaintiff-appellant. With him on the brief was Lynn C. Jordheim, Asst. U.S. Atty., Bismarck, N.D.

John E. Kosloske, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief were Thomas L. Strand, Lt. Colonel, USAF and C.W. Russell, Jr., Lt. Colonel, USAFR, Office of The Judge Advocate General, of counsel.

Before SMITH, BISSELL, and ARCHER, Circuit Judges.

BISSELL, Circuit Judge.

Karen S. Reynolds appeals from a judgment of the United States District Court for the District of North Dakota, No. A4-86-125 (June 30, 1987), granting the motion of the United States to dismiss for lack of subject matter jurisdiction. We vacate and remand.

BACKGROUND

Reynolds is an employee of the Army and Air Force Exchange Service (AAFES), a nonappropriated fund instrumentality of the United States government. Reynolds...

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