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BOHAC v. WEST

No. 95-2194.

85 F.3d 306 (1996)

Virgil BOHAC, Plaintiff-Appellant, v. Togo D. WEST, Jr., Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 31, 1996.

Attorney(s) appearing for the Case

Jeffrey C. Mochalski, Ellen M. Frantz (argued), Johns & Flaherty, La Crosse, WI, for Plaintiff-Appellant.

Christa A. Reisterer, Steven O'Connor (argued), Office of the U.S. Atty., Madison, WI, for Defendant-Appellee.

Before HARLINGTON WOOD, Jr., CUDAHY, and ROVNER, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Virgil Bohac appeals the district court's decision to treat the Rule 12(b)(6) motion filed by Togo D. West, Jr., Secretary of the Army ("the Army"), as a motion for summary judgment. In particular, Bohac challenges the district court's failure to provide him with prior notice of the decision to convert the Army's motion and his lack of an opportunity to further supplement the record. For the reasons provided below, we vacate in...

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