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MARTINEZ v. U.S.

No. 90-5040.

914 F.2d 1486 (1990)

Jose A. MARTINEZ, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 24, 1990.

Attorney(s) appearing for the Case

Louis P. Font, Font & Glazer, Boston, Mass., for plaintiff-appellant.

Cynthia D. Walicki-Chan, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., for defendant-appellee. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director and James M. Kinsella, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief for defendant-appellee. Also on the brief was Captain MeLissa Wells-Petry, Office of The Judge Advocate Gen., Dept. of the Army, of counsel.

Before MAYER, Circuit Judge, MILLER, Senior Circuit Judge, and LOURIE, Circuit Judge.

OPINION

MAYER, Circuit Judge.

Jose A. Martinez appeals the judgment of the United States Claims Court dismissing his complaint after summary judgment in favor of the United States. 18 Cl.Ct. 559 (1989). We affirm the judgment on other grounds.

BACKGROUND

In January of 1983, Martinez was convicted by a general court-martial of several marijuana-related offenses, assault consummated by battery, solicitation to commit an offense, and obstruction...

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