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SARGENT v. U.S.

Civ. No. 91-1098.

780 F.Supp. 296 (1992)

Brad SARGENT v. UNITED STATES of America, et al.

United States District Court, E.D. Pennsylvania.

January 6, 1992.

Attorney(s) appearing for the Case

John P. Cottes, Cottes & Miller, Philadelphia, Pa., for plaintiff.

Susan Dein Bricklin, Asst. U.S. Atty., Philadelphia, Pa., for defendants.

MEMORANDUM

LOUIS H. POLLAK, Senior District Judge.

In this action, plaintiff, a former non-commissioned officer (NCO) in the United States Air Force, seeks reinstatement into active service at his former rank, as well as back pay. Defendant moved to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. On August 30, 1991, I denied that motion, concluding that plaintiff had properly stated a claim for review of...

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