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COLE v. McHUGH

Civil No. 10-cv-01521-WYD-KMT.

855 F.Supp.2d 1253 (2012)

Justin COLE, Plaintiff, v. John McHUGH, Secretary of the Army, Defendant.

United States District Court, D. Colorado.

January 13, 2012.

Attorney(s) appearing for the Case

Ian David Kalmanowitz , Cornish & Dell'Olio, Colorado Springs, CO, for Plaintiff.

William George Pharo , U.S. Attorney's Office, Denver, CO, for Defendant.

ORDER

WILEY Y. DANIEL, Chief Judge.

I. INTRODUCTION

THIS MATTER is before the Court on Defendant's "Motion for Summary Judgment and Supporting Brief, and Alternatively, Partial Motion to Dismiss" filed June 13, 2011. A response was filed on July 6, 2011, and a reply was filed on August 5, 2011. For the reasons discussed below, Defendant's motion is granted in part and denied in part.

II. FACTUAL BACKGROUND

Plaintiff...

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