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SPOCK v. DAVID

Civ. A. No. 1621-72.

349 F.Supp. 179 (1972)

Benjamin SPOCK et al., Plaintiffs, v. Bert A. DAVID, Commander, Fort Dix Military Reservation, and Melvin Laird, Secretary of Defense, Defendants.

United States District Court, D. New Jersey.

October 12, 1972.

Attorney(s) appearing for the Case

Kairys & Rudovsky by David Kairys, Philadelphia, Pa., for plaintiffs.

Herbert J. Stern, U. S. Atty., by Richard W. Hill, Asst. U. S. Atty., for defendants.

OPINION

CLARKSON S. FISHER, District Judge.

Plaintiffs seek a preliminary injunction ordering defendants from enforcing several Army and Post Regulations which they claim deprives them of their First Amendment rights to make political addresses and to pass out literature in the military confines of Fort Dix.

These allegations are sufficient to establish jurisdiction under 28 U.S.C. Sec. 1331. The application will be decided on stipulated facts, affidavits...

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