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LEVERIS v. ENGLAND

No. CIV. 02-205-P-H.

249 F.Supp.2d 1 (2003)

Arthur J. LEVERIS, Plaintiff, v. Gordon R. ENGLAND, In his Official Capacity as Secretary of the Navy, Defendant.

United States District Court, D. Maine.

March 7, 2003.

Attorney(s) appearing for the Case

Jeffrey W. Peters, Esq., Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Bath, ME, for Plaintiff.

Evan Roth, Esq., Assistant United States Attorney, Portland, ME, for Defendant.

DECISION AND ORDER ON DEFEDANT'S MOTION TO DISMISS AND PLAINTIFF'S MOTION TO STRIKE

HORNBY, District Judge.

The issue on these motions is whether a federal district court has jurisdiction when a discharged serviceman seeks relief that includes a request for back pay not capped at $10,000. In the First Circuit, the answer is No. The defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED. The plaintiffs motion...

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