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ROONEY v. SECRETARY OF ARMY

No. 04-5004.

405 F.3d 1029 (2005)

Richard C. ROONEY, Appellant v. SECRETARY OF THE ARMY, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Christopher D. Wiest argued the cause and filed the brief for appellant.

R. Craig Lawrence, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan and Gary Corn, Assistant U.S. Attorneys.

Before: EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Major Richard Rooney seeks a declaratory judgment that his obligation to the Army terminated when the Army discharged him in February 2002, and that the Army's subsequent revocation of his discharge on the ground that it was procured by fraud was unlawful. The district court granted the Army's motion for summary judgment, and Rooney appealed. We conclude that a petition for a writ...

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