Crane v. Secretary of the Army
District Court, W.D. New York
1Opinion of the Court
DECISION AND ORDER
CURTIN, District Judge.
INTRODUCTION
Plaintiff Paul E. Crane alleges that defendant, the Secretary of the Army, violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 551, and his constitutional right to due process by involuntarily dismissing him from the United States Army. Defendant moves to dismiss plaintiffs complaint. Plaintiff opposes and cross-moves for summary judgment. For the reasons set forth below, defendant’s motion to dismiss is denied and plaintiffs motion is granted.
FACTS
I. Background Facts
In May of 1980, Crane was commissioned as a Second Lieutenant in…
2Cases cited27 opinions
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