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LOVALLO v. FROEHLKE

Civ. No. 1972-26.

346 F.Supp. 1037 (1972)

Lee T. LOVALLO, Petitioner, v. Robert F. FROEHLKE, Secretary of the Army, and Major General Walter M. Higgins, Commanding General of Fort Hamilton Complex, New York, Respondents.

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

June 20, 1972.

Attorney(s) appearing for the Case

Charles J. Fiorella, Buffalo, N. Y., for petitioner.

C. Donald O'Connor, Acting U. S. Atty. (Philip B. Abramowitz, Asst. U. S. Atty., of counsel), Buffalo, N. Y., and Royce C. Lamberth, Atty., Litigation Division, Personnel Affairs Branch, Office of The Judge Advocate Gen., Headquarters, Dept. of the Army, Washington, D. C., for the Government.

CURTIN, District Judge.

Both sides have moved for summary judgment, the respondents formally by filing a motion and the petitioner informally during the course of oral argument. The court has considered the affidavits and exhibits and has determined that there is no dispute about the facts in the case.

On December 10, 1968, Lee Lovallo enlisted in the Regular Army for a term of three years, with an initial assignment option for the 26th Army Band at Fort Wadsworth...

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