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RHODES v. UNITED STATES

No. 84-8123.

760 F.2d 1180 (1985)

Jeanette P. RHODES and Oscar Earl Rhodes, Plaintiffs-Appellees, v. The UNITED STATES of America, and Clifford Alexander, Secretary of the Army, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 20, 1985.

Attorney(s) appearing for the Case

Edmund A. Booth, Jr., Asst. U.S. Atty., Augusta, Ga., William Kanter, Peter R. Maier, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellants.

Percy J. Blount, Augusta, Ga., for plaintiffs-appellees.

Before HENDERSON and HATCHETT, Circuit Judges, and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge:

The threshold and dispositive issue in this case is whether a United States district court has subject matter jurisdiction to review a decision by the Secretary of the Army denying a claim under 32 U.S.C. § 715, disapprove the same, and remand the case to the Secretary for reconsideration, despite the statutory preclusion of review of such a decision in § 715(g) and (h). We hold that the court lacked jurisdiction and reverse...

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