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McAULIFFE v. RICE

No. 91-5735. Summary Calendar.

966 F.2d 979 (1992)

Patricia A. McAULIFFE, Plaintiff-Appellant, v. Donald B. RICE, Secretary, Department of the Air Force, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 1992.

Attorney(s) appearing for the Case

Shelby W. Hollin, San Antonio, Tex., for plaintiff-appellant.

Lori M. Beranek, William Kanter, Dept. of Justice, Civil Div., Appellate Staff, Washington, D.C., John F. Paniszczyn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., Ray Nowak, Chief, Civil Div., San Antonio, Tex., for defendant-appellee.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Patricia McAuliffe, a former civilian employee of a non-appropriated fund instrumentality (NAFI) run by the Air Force, filed this lawsuit pursuant to the Administrative Procedure Act (APA), 5 U.S.C. § 701 et seq., seeking review of the decision to terminate her employment. Jurisdiction was predicated on the APA, §§ 702 and 703, and under 28 U.S.C. § 1331. The magistrate judge dismissed McAuliffe's...

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