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ADKINS v. RUMSFELD

No. CIV. 04-1453-JJF.

389 F.Supp.2d 579 (2005)

Ssgt. Jason A. ADKINS, Usaf, Plaintiff, v. Donald H. RUMSFELD, Secretary of Defense; James G. Roche, Secretary of the Air Force; Gen. John W. Handy, Commander Air Mobility Command, Col. John I. Pray, Jr., 436th Air Wing Commander, in their official capacities, Defendants.

United States District Court, D. Delaware.

September 16, 2005.

Attorney(s) appearing for the Case

Thomas S. Neuberger, Esquire and Stephen J. Neuberger, Esquire of the Neuberger Firm, P.A., Wilmington, DE, Of Counsel: John W. Whitehead, Esquire and Douglas McKusick, Esquire of the Rutherford Institute, Charlottesville, VA.

Peter D. Keisler, Esquire, Assistant Attorney General; Colm F. Connolly, Esquire, United States Attorney; Rudolph Contreras, Esquire, Assistant United States Attorney; Vincent M. Garvey, Esquire, Deputy Branch Director; and Jeffrey D. Kahn, Esquire, Trial Attorney, Federal Programs Branch, Civil Division of the United States Department of Justice, Washington, DC, Of Counsel: Lt. Col. Donna M. Verchio, Esquire, Staff Judge Advocate, of Dover Airforce Base, Dover, DE.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is a Motion To Dismiss (D.I. 9) filed by Defendants, Secretary of Defense Donald H. Rumsfeld, Secretary of the Air Force James G. Roche, General John W. Handy and Colonel John I. Pray, Jr. For the reasons discussed, Defendants' Motion To Dismiss will be denied.

BACKGROUND1

Plaintiff is a Staff Sergeant in the United States Air...

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