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CRANE v. SECRETARY OF ARMY

No. 96-CV-418C(H).

92 F.Supp.2d 155 (2000)

Paul E. CRANE, Plaintiff, v. SECRETARY OF THE ARMY, Defendant.

United States District Court, W.D. New York.

March 15, 2000.

Attorney(s) appearing for the Case

Block & Colucci, P.C. (D. Patrick Gallaher, of counsel), Buffalo, NY, for Plaintiff.

Denise E. O'Donnell, United States Attorney (Mary K. Roach, Assistant United States Attorney, of counsel), Buffalo, NY, for Defendant.

DECISION AND ORDER

CURTIN, District Judge.

INTRODUCTION

Plaintiff Paul E. Crane alleges that defendant, the Secretary of the Army, violated the Administrative Procedure Act ("APA"), 5 U.S.C. § 551, and his constitutional right to due process by involuntarily dismissing him from the United States Army. Defendant moves to dismiss plaintiff's complaint. Plaintiff opposes and cross-moves for summary judgment. For the reasons set forth below...

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