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PAGE v. McNAMARA

Civ. A. No. 41561.

263 F.Supp. 334 (1967)

Clyde L. PAGE v. Robert S. McNAMARA, Individually and as Secretary of Defense, and Paul Nitze, individually and as Secretary of the Navy, and General Walker M. Greene, individually and as Commandant, United States Marine Corps, and Colonel R. J. Spritzen, individually and as Commanding Officer, Marine Barracks, United States Naval Base, Philadelphia, Pennsylvania.

United States District Court E. D. Pennsylvania.

January 31, 1967.

Attorney(s) appearing for the Case

Cecil B. Moore, Philadelphia, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., James C. Lightfoot, Asst. U. S. Atty., Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

JOSEPH S. LORD, III, District Judge.

Plaintiff is a Marine sergeant who seeks to enjoin his discharge from the armed services on the ground that the contemplated administrative action is improper and may be judicially challenged under the Declaratory Judgments Act, 28 U.S.C. §§ 2201, 2202, and the Administrative Procedure Act, 5 U.S.C. § 1009. After granting his request for...

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