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ULMET v. U.S.

No. 88-2593.

888 F.2d 1028 (1989)

Oliver Donovan ULMET, Plaintiff-Appellant, v. UNITED STATES of America; John O. Marsh, Jr., in his capacity as Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1989.

Attorney(s) appearing for the Case

John William Toothman (Susan B. Smith, Grad, Toothman, Logan & Chabot, P.C., Alexandria, Va., on brief), for plaintiff-appellant.

Major Robert Cook McFetridge, Office of Judge Advocate Gen., Dept. of Army, Washington, D.C., (Henry E. Hudson, U.S. Atty.; Dennis E. Szybala, Asst. U.S. Atty., Alexandria, Va., on brief), for defendants-appellees.

Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

BUTZNER, Senior Circuit Judge:

Lieutenant Colonel Oliver D. Ulmet appeals from the district court's dismissal of his complaint seeking interlocutory equitable relief. Ulmet requested the court to issue an injunction or writ of mandamus ordering the United States Army to pay him back retirement salary and benefits which he claims are due him under a mandate from the Court of Appeals for the Federal Circuit. Although the district court ruled that it had jurisdiction...

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