James O. Gorman v. Army and Air Force Exchange Service

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before GOLDBERG, GARZA and REAVLEY, Circuit Judges. PER CURIAM: The Supreme Court has vacated our judgment (see 619 F.2d 1141) and remanded for further consideration in light of Army And Air Force Exchange Service v. Sheehan, 456 *264 U.S. -, 102 S.Ct. 2118, 72 L.Ed.2d 520 (1982). It is therefore decided, as in Sheehan, 686 F.2d 262 (5th Cir. 1982) that the district court lacks subject matter jurisdiction for Gorman’s monetary claim but does have jurisdiction for the nonmonetary claim. The district court’s judgment is AFFIRMED with respect to Sheehan’s claim for monetary relief, and REVERSED and REMANDED with respect to Sheehan’s claim for nonmonetary relief.