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SMALLS v. U.S.

No. 05-5052.

471 F.3d 186 (2006)

Eugene C. SMALLS Appellant v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Eugene R. Fidell, appointed by the court, argued the cause and filed the briefs as amicus curiae in support of appellant.

Eugene C. Smalls, pro se, filed briefs.

Oliver W. McDaniel, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

This is an appeal from the denial of two motions for reconsideration of a judgment dismissing, on res judicata grounds, an amended complaint for the correction of military records. Because the district court did not abuse its discretion in denying these motions, which are properly considered as filed pursuant to FED. R. CIV. P. 60(b), we affirm.

I.

Eugene C. Smalls...

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