MATIAS v. U.S.

No. 90-5086.

923 F.2d 821 (1990)

James R. MATIAS, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 27, 1990.


Attorney(s) appearing for the Case

Thomas R. Matias, Albany, N.Y., submitted for plaintiff-appellant.

James M. Kinsella, of the Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director. Of counsel was Captain Diana Moore, of the Office of the Judge Advocate General, U.S. Army.

Before NEWMAN, LOURIE and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

James R. Matias appeals the judgment of the United States Claims Court dismissing his complaint against the United States. Matias v. United States, 19 Cl.Ct. 635 (1990). We affirm.

I. BACKGROUND

A former U.S. Army enlisted man, Matias was tried by a general court-martial on April 19 and 20, 1984. He was convicted of four counts in violation of Articles 81 and 134 of the Uniform Code of Military Justice (UCMJ), 10...

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