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ELSBERRY v. RICE

Civ. A. No. 92-633-JLL.

820 F.Supp. 824 (1993)

Willie E. ELSBERRY, Jr., and Eartha M. Elsberry, Plaintiffs, v. Donald B. RICE, Secretary, Department of the Air Force, Richard B. Cheney, Secretary, Department of Defense, the United States of America, Defendants.

United States District Court, D. Delaware.

May 5, 1993.

Attorney(s) appearing for the Case

Valerie E. Fox, Seaford, DE, for plaintiffs.

William C. Carpenter, Jr., U.S. Atty., Patricia C. Hannigan, Asst. U.S. Atty., Dept. of Justice, Wilmington, DE, Lesa L. Carter, U.S. Air Force, Air Force Legal Services Agency, Arlington, VA, for defendants.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Before the Court is the motion of defendant Donald B. Rice, Secretary of the Department of the Air Force, defendant Richard B. Cheney, former Secretary of the Department of Defense, and defendant the United States of America, to dismiss plaintiffs' complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure and to dismiss Richard B. Cheney as a party defendant. (D.I. 8...

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