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FRANKLIN v. McHUGH

Docket No. 14-4096-cv.

804 F.3d 627 (2015)

Luther FRANKLIN, Plaintiff-Appellant, v. John McHUGH, Secretary of the United States Army, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 30, 2015.

Attorney(s) appearing for the Case

Peter J. Tomao, Esq. , Garden City, N.Y., for Appellant Luther Franklin.

Jolie Apicella , Assistant United States Attorney, for Kelly T. Currie , Acting United States Attorney, Eastern District of New York, Brooklyn, N.Y., for Appellee John McHugh.

Before: KEARSE, LIVINGSTON, and CARNEY, Circuit Judges.

In this action against John McHugh, Secretary of the United States Army, Luther Franklin seeks to appeal from the August 28, 2014 judgment of the United States District Court for the Eastern District of New York (Townes, J.) dismissing his complaint for lack of subject matter jurisdiction. The Secretary moves...

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