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STAPP v. RESOR

No. 69 Civ. 5345.

314 F.Supp. 475 (1970)

Andrew D. STAPP, Plaintiff, v. Stanley RESOR, Secretary of the Department of the Army, Defendant.

United States District Court, S. D. New York.

May 12, 1970.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for plaintiff; Peter A. Herbert, Asst. U. S. Atty., of counsel.

Rabinowitz, Boudin & Standard, New York City, for defendant; Dorian Bowman, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Plaintiff, by way of motion for summary judgment pursuant to Fed.R.Civ. P. 56, moves for an order declaring his April 19, 1968 undesirable discharge from the Armed Forces null and void, and directing defendant to issue to him an honorable discharge as of the same date.

There is apparently no dispute that the following are the salient facts. Plaintiff, a citizen of the United States and resident of the City and State...

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