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BERGER v. ROCHE

No. 404CV00150 JLH.

370 F.Supp.2d 853 (2005)

Wayne BERGER, Plaintiff v. James G. ROCHE, Secretary, Department of the Air Force, Defendant.

United States District Court, E.D. Arkansas, Western Division.

May 27, 2005.

Attorney(s) appearing for the Case

Stephen E. Fisher, Fisher Law Firm, Little Rock, AR, for plaintiff.

Richard M. Pence, Jr., U.S. Attorney's Office Eastern District of Arkansas, Little Rock, AR, Gavin S. Gilmour, Arlington, VA, for defendant.

OPINION AND ORDER

HOLMES, District Judge.

James G. Roche, Secretary, Department of the Air Force, has filed a motion to dismiss for lack of jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The plaintiff, Wayne Berger, has responded. In his response, Berger asks the Court to strike the motion to dismiss as untimely and enter default judgment. For the reasons hereinafter provided, the motion to dismiss (Docket # 20) is...

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