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CONNOLLY v. UNITED STATES

No. 406-81C.

554 F.Supp. 1250 (1982)

Patrick J. CONNOLLY, Plaintiff, v. The UNITED STATES, Defendant.

United States Claims Court.

December 15, 1982.

Attorney(s) appearing for the Case

Alan E. Wolin, Mineola, N.Y., for plaintiff; Wolin & Wolin, Mineola, N.Y., of counsel.

Sara V. Greenberg, Washington, D.C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D.C., for defendant.

OPINION

KOZINSKI, Chief Judge.

Prior to the effective date of the Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, 96 Stat. 25, the parties filed cross motions for summary judgment. Because defendant's motion, in part, challenges the court's jurisdiction to grant the relief requested by plaintiff, the court treats it as a motion to dismiss pursuant to Rule 12(b).

FACTS1

Plaintiff is a former probationary...

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