OPINION
CONRAD, District Judge.
Gary M. Bowman, Esq. brings this action against R.L. Brownlee, Acting Secretary of the Army (the "Secretary"), alleging violations of the Administrative Procedure Act, 5 U.S.C. § 702 et seq., and his constitutional rights to due process and equal protection. On July 19, 2004, Mr. Bowman filed a motion for summary judgment. The Secretary subsequently moved to dismiss the complaint for lack of subject matter...
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