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HENTHORN v. DEPARTMENT OF NAVY

No. 92-5382.

29 F.3d 682 (1994)

Donald Gene HENTHORN, Appellant, v. DEPARTMENT OF NAVY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 1994.

Rehearing and Suggestion for Rehearing Denied September 14, 1994.

Attorney(s) appearing for the Case

Jack L. Goldsmith, III, Charlottesville, VA (appointed by the Court) argued the cause and filed the briefs for appellant.

Sally M. Rider, Asst. U.S. Atty., Washington, DC, argued the cause for appellees. With her on the briefs were Eric H. Holder, Jr., U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Before WILLIAMS, GINSBURG, and SENTELLE, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied September 14, 1994.*

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Donald Henthorn appeals an order of the district court dismissing his complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Henthorn's pro se complaint alleged that the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201,

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