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SIMMONS v. MARSH

Civ. A. No. 82-3375.

564 F.Supp. 379 (1983)

Tyce L. SIMMONS, Plaintiff, v. John O. MARSH, Jr., Defendant.

United States District Court, District of Columbia.

June 8, 1983.

Attorney(s) appearing for the Case

Stephen C. Glassman and Neil B. Kabatchnick, Washington, D.C., for plaintiff.

Stuart H. Newberger, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty. and Royce C. Lamberth, Asst. U.S. Atty., Washington, D.C., were on brief and Charles R. Fulbruge, III and Steven M. Post, Dept. of the Army, Washington, D.C., were of counsel.

ORDER AND OPINION

CHARLES R. RICHEY, District Judge.

Plaintiff, a Captain in the United States Army seeks review of a decision by the Army Board for Correction of Military Records ("ABCMR") denying his application to expunge certain material from his personnel file. The merits of plaintiff's claim are not yet before the Court. Rather, the Court is currently considering the procedural route through which this case should proceed. Defendant argues that this...

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