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DOE v. SCHACHTER

No. C-92-2481 MHP.

804 F.Supp. 53 (1992)

John DOE, Plaintiff, v. Leon J. SCHACHTER, Director of Directorate for Industrial Security Clearance Review, Defense Legal Services Agency, for the U.S. Department of Defense; Richard Cheney, Secretary of Defense, U.S. Department of Defense; and Does 1 to 10, inclusive, Defendants.

United States District Court, N.D. California.

October 22, 1992.

Attorney(s) appearing for the Case

Jerry H. Langer, San Francisco, Cal., for plaintiff.

Paul Solon, Asst. U.S. Atty., Civ. Div., San Francisco, Cal., Vincent M. Garvey, Stephen G. Harvey, Attys., Dept. of Justice, Civ. Div., Washington, D.C., for defendants.

OPINION

PATEL, District Judge.

Plaintiff, an employee of a defense contractor, filed this action against the Department of Defense ("DOD") seeking declaratory and injunctive relief against revocation of his security clearance. Defendants move to dismiss for lack of subject matter jurisdiction, pursuant to Federal Rules of Civil Procedure 12(b)(1), or in the alternative, for failure to state a claim upon which relief can be granted, pursuant to Federal Rules...

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