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OLIVER v. U.S. ARMY

No. LR-C-90-41.

758 F.Supp. 484 (1990)

Yvonne OLIVER, as Administratrix of the Estate of Clarence Oliver, deceased, Plaintiff, v. The UNITED STATES ARMY, and Michael P.W. Stone, Secretary of the Army; The United States Air Force and Donald B. Rice, Secretary of the Air Force; the Army and Air Force Exchange Service, and Mervin Robinson, Each and All in Their Official Capacities, Defendants.

United States District Court, E.D. Arkansas, W.D.

Order March 13, 1991.

Attorney(s) appearing for the Case

Arkie Byrd, Mays & Crutcher, Little Rock, Ark., for plaintiff.

Lesa Jackson, Asst. U.S. Atty., Little Rock, Ark., for defendants.

ORDER

ROY, District Judge.

Before the Court is the defendants' Motion to Dismiss and Motion to Strike. The plaintiff has responded and the defendants have filed a reply brief.

As grounds for the motion, the defendants state that plaintiff is deceased and no party may be substituted for him under the Rehabilitation Act; that plaintiff has failed to exhaust administrative remedies; and that the United States Army, the United States Air Force, the Army...

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