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PHILLIPS v. U.S.

No. CV-95-4392 (DRH).

910 F.Supp. 101 (1996)

Steven PHILLIPS, Plaintiff, v. The UNITED STATES of America, Pogo West, Secretary of the Army, Lieutenant General, Howard D. Graves, United States Military Academy, Defendants.

United States District Court, E.D. New York.

January 2, 1996.

Attorney(s) appearing for the Case

Joseph C. Stroble, Sayville, New York, for plaintiff.

Zachary W. Carter, United States Attorney, Brooklyn, New York by Phillip Miller, Asst. U.S. Atty., Department of the Army, Office of the Judge Advocate General, Arlington, Virginia by Major Douglas K. Mickle, for defendants.

ORDER

HURLEY, District Judge.

In the above-captioned action, Plaintiff Stephen Phillips ("Phillips") alleges that Defendants have violated his constitutional right to due process and his rights under the Administrative Procedure Act, 5 U.S.C. § 551, et seq., by suspending him from the United States Military Academy at West Point ("the Academy"). Currently before the Court is Plaintiff's motion, brought by Order to Show Cause, for an order...

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