Francis Dougherty, Sr. v. U.S. Navy Board for Correction of Naval Records
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
VAN DUSEN, Senior Circuit Judge.
Plaintiff, Francis Dougherty, Sr., brought this action in the United States District Court for the District of New Jersey challenging a determination of defendant, United States Navy Board for Correction of Naval Records (“BCNR”). In light of a recent decision by the United States Court of Appeals for the Fifth Circuit, which was not available to the district court at the time of its decision,1 we will vacate the December 10, 1984, district court order, which dismissed the complaint “for failure to satisfy the applicable statute of…
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