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DIEDERICH v. DEPARTMENT OF ARMY

No. 796, Docket 88-6261.

878 F.2d 646 (1989)

Michael D. DIEDERICH, Jr., Plaintiff-Appellant, v. DEPARTMENT OF the ARMY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1989.

Attorney(s) appearing for the Case

Michael D. Diederich, Jr., Bronxville, N.Y., pro se.

Michael D. Pinnisi, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty., Edward T. Ferguson, III, Asst. U.S. Atty., New York City, of counsel), for defendant-appellee.

Before CARDAMONE and PRATT, Circuit Judges, and MORRIS E. LASKER, District Judge for the Southern District of New York (sitting by designation).

PER CURIAM:

Michael D. Diederich appealed from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Chief Judge, dismissing his complaint for failure to exhaust administrative remedies. We first disposed of his appeal by a per curiam opinion filed May 10, 1989. On Diederich's motion, we grant rehearing, vacate our prior opinion, and dispose of the appeal by this opinion.

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