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GREEN v. WHITE

No. 02-1852.

319 F.3d 560 (2003)

Johnnie E. GREEN, Appellant, v. *Hon. Thomas E. WHITE, Secretary of the Army. *(Pursuant to F.R.A.P. 43(c)).

United States Court of Appeals, Third Circuit.

Filed February 10, 2003.

Attorney(s) appearing for the Case

Thomas J. Reed (Argued), Widener University School of Law, Delaware Volunteer Legal Services, Inc., Veterans Assistance Program, Wilmington, DE, for Appellant.

Major Scott E. Reid (Argued), Joseph Fetterman, Staff Judge Advocate General, Office of Judge Advocate, Department of the Army, Arlington, VA, Christopher J. Christie, United States Attorney, Dorothy Donnelly, Assistant United States Attorney, United State's Attorney's Office, Trenton, NJ, for Appellee.

Before BECKER, Chief Judge, McKEE and HILL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This is an action by plaintiff Johnnie E. Green against Army Secretary Thomas E. White ("the Secretary") seeking correction of Green's military records. Because the District Court erred in finding that Green's suit is time-barred, we reverse the order of the District Court dismissing the suit and remand for further proceedings.

I.

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