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FRONTIERO v. LAIRD

Civ. A. No. 3232-N.

327 F.Supp. 580 (1971)

Sharron A. FRONTIERO and Joseph Frontiero, Plaintiffs, v. Melvin R. LAIRD, as Secretary of Defense, his successors and assigns, et al., Defendants.

United States District Court, M. D. Alabama, N. D.

June 14, 1971.

Attorney(s) appearing for the Case

J. J. Levin, Jr., Levin & Dees, Montgomery, Ala., for plaintiffs.

L. Patrick Gray, III, Asst. Atty. Gen., Harland F. Leathers and Jeffrey F. Axelrad, Attys., Civ. Div., U. S. Dept. of Justice, Washington, D. C., Ira DeMent, U. S. Atty., and F. E. Leonard, Jr., Asst. U. S. Atty., U. S. Dept. of Justice, Montgomery, Ala., for defendants.

Before RIVES, Circuit Judge, and JOHNSON and McFADDEN, District Judges.

OPINION

ON MOTION TO DISSOLVE THREE-JUDGE COURT

PER CURIAM:

In support of their motion to dissolve the three-judge court, the defendants make two arguments: (1) that it is impossible for an injunction to issue here; (2) that the constitutional question presented is insubstantial.

I. Can injunctive relief be granted for plaintiffs?

A three-judge district court is not required...

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