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GERBER v. SEAMANS

No. 71 Civ. 3501.

332 F.Supp. 1187 (1971)

Robert E. GERBER, Plaintiff, v. Dr. Robert C. SEAMANS, Jr., Secretary of the United States Air Force, and Commanding General, United States Air Force Reserve, Hq. Air Reserve Personnel Center, Denver, Colorado, Defendants.

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

August 17, 1971.

Attorney(s) appearing for the Case

Kunstler, Kunstler & Hyman, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., by Frank H. Wohl, Asst. U. S. Atty., Foley Square, N. Y., for defendants.

MEMORANDUM OPINION

PIERCE, District Judge.

Plaintiff, First Lieutenant Robert E. Gerber, an Air Force officer attached to a reserve component, moves for a temporary restraining order staying the Air Force from requiring him to comply with orders to report to Wright-Patterson Air Force Base in Ohio to commence his term of active duty. This motion was brought on originally in the form of an order to show cause why a preliminary injunction should not issue...

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