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United States DC Circuit


CUMMINGS v. DEPT. OF THE NAVY, 00-5348

Members of the armed forces may sue the military for damages under the Privacy Act of 1974, 5 USC 552a(b), and the Feres doctrine does not extend to such suits.

Appellate Information

  • Argued 10/16/2001
  • Decided 02/15/2002
  • Published 02/15/2002

Judges

  • Before:  GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • David P. Sheldon argued the cause for the appellant.  Eugene R. Fidell and Steven H. Wishod were on brief., Eric L. Hirschhorn, Anne W. Stukes, Philip B. Onderdonk Jr., Ronald S. Flagg, Joseph R. Guerra and Arthur B. Spitzer were on brief for amici curiae The American Legion, et al., in support of the appellant.

  • For Appellees:
  • Meredith Manning, Assistant United States Attorney, argued the cause for the appellee.  Kenneth L. Wainstein, Acting United States Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant United States Attorney, were on brief.
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