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BARHORST v. MARSH

No. 89-377C(6).

765 F.Supp. 995 (1991)

Frank BARHORST, Jr., Plaintiff, v. John O. MARSH, Jr., Secretary of the Army, et al., Defendants.

United States District Court, E.D. Missouri, E.D.

June 19, 1991.

Attorney(s) appearing for the Case

Louis Gilden, St. Louis, Mo., for plaintiff.

Wesley Wedemeyer, Asst. U.S. Atty., St. Louis, Mo., Major Cathy Cates, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., for defendants.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendants' motion to dismiss in part, or, in the alternative, for summary judgment. Defendants move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the Secretary of Defense from this action as an improper defendant. Defendants further move for the dismissal, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), of plaintiff's claims under the Fifth Amendment...

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