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WALL v. UNITED STATES, DEPT. OF HEALTH

Civ. A. No. 85-2307.

637 F.Supp. 90 (1986)

Richard J. WALL, Plaintiff, v. UNITED STATES of America, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Otis Bowen; Merit Systems Protection Board; and Herbert Ellingwood, Defendants.

United States District Court, D. Kansas.

June 3, 1986.

Attorney(s) appearing for the Case

Paul T. Grahovac, McDonald, Dykes, Christlieb & Shields, Overland Park, Kan., for plaintiff.

Benjamin L. Burgess, Jr., U.S. Atty., Julie R. Trice, Asst. U.S. Atty., Kansas City, Kan., Rita Arendal, Office of General Counsel, Dept. of Health & Human Services, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on the motion of defendants Department of Health and Human Services [hereinafter the Department] and Otis Bowen to dismiss for lack of subject matter jurisdiction, and the motion of defendants Merit Systems Protection Board [hereinafter MSPB] and Herbert Ellingwood to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted...

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