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BERNSTEIN v. HERREN

136 F.Supp. 493 (1955)

Theodore BERNSTEIN, Stanley Hauser, Bertram Lessuck, David Lubell, Jonathan Lubell, Bernard Radoff, Samuel Suckow, Rudolph Thomas, Inductees in the Army of the United States, Plaintiffs, v. Lieutenant General Thomas W. HERREN, Commanding General, First Army, Fort Jay, Governor's Island, New York, Defendant.

United States District Court S. D. New York.

Supplemental Opinion January 4, 1956.

Attorney(s) appearing for the Case

Albert L. Colloms, Stanley Faulkner, New York City, for plaintiffs.

Paul W. Williams, U. S. Atty., S.D. New York, New York City, by Harold J. Raby, New York City, of counsel, for defendant.

EDELSTEIN, District Judge.

Plaintiffs, inductees now serving in the Army at Fort Dix, New Jersey, have sued for a declaratory judgment concerning their discharge rights, and have moved for a preliminary injunction restraining the defendant from taking proceedings against them under regulation AR 604-10 (July 29, 1955). The defendant has cross-moved for dismissal under Fed.Rules Civ.Proc. rule 12(b) (6), 28 U.S.C.A., on the ground that plaintiffs have failed to exhaust...

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