Jeanette P. Rhodes and Oscar Earl Rhodes v. The United States of America, and Clifford Alexander, Secretary of the Army
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
NICHOLS, Senior Circuit Judge:
The threshold and dispositive issue in this case is whether a United States district court has subject matter jurisdiction to review a decision by the Secretary of the Army denying a claim under 32 U.S.C. § 715, disapprove the same, and remand the case to the Secretary for reconsideration, despite the statutory preclusion of review of such a decision in § 715(g) and (h). We hold that the court lacked jurisdiction and reverse.
Facts
This case has had a prolonged and unhappy career. Major John Shealy, an officer of the Georgia National Guard on temporary training…
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