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SILVER v. SECRETARY

No. 76-1186 Summary Calendar.

554 F.2d 664 (1977)

Harold SILVER, Plaintiff-Appellant, v. The SECRETARY of the ARMY, of the DEPARTMENT of the ARMY of the UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1977.

Attorney(s) appearing for the Case

David LaCroix, Gainesville, Fla., for Harold Silver.

Clinton Ashmore, U. S. Atty., Tallahassee, Fla., Nicholas P. Geeker, Asst. U. S. Atty., Pensacola, Fla., William A. McNutt, Capt., Litigation Div., OTJAG DA, Washington, D. C., for defendant-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Appellant is attempting to appeal an order of the district court which remanded his suit to expunge two unfavorable fitness reports from his service record back to the Army Board for Correction of Military Records. The district court has retained jurisdiction of the suit.

However, this Court has no jurisdiction to entertain this appeal and we must dismiss. The district court's order of October 8, 1975, remanding this case to the Board is not dispositive...

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