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LINSALATA v. CLIFFORD

Nos. 68 Civ. 3177, 68 Civ. 3222.

290 F.Supp. 338 (1968)

Ralph LINSALATA, Bruce Kaplan, Steven King, Alan Savat, Arthur M. Sybell, Redmond A. Simonsen and Michael Schwimmer, Petitioners, v. Clark CLIFFORD, as Secretary of Defense, Harold Brown, as Secretary of the Air Force and Gen. Howell M. Estes, Jr., as Commander of the Military Airlift Command, United States Air Force, Respondents.

United States District Court S. D. New York.

August 27, 1968.

Attorney(s) appearing for the Case

Rabinowitz, Boudin & Standard, New York City, for petitioners.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for respondents; Stanley M. Eisenstat, Asst. U. S. Atty., of counsel.

OPINION

TENNEY, District Judge.

Petitioners herein seek a writ of habeas corpus and a preliminary injunction, pursuant to 28 U.S.C. § 2241 and Rule 65 of the Federal Rules of Civil Procedure, respectively. On August 7, 1968, petitioners commenced a civil action on their own behalf and on behalf of all others similarly situated, pursuant to 28 U.S.C. § 1331, for a declaratory judgment and permanent injunctive relief.

The facts indicate that...

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