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FRONTIERO v. LAIRD

Civ. A. No. 3232-N.

341 F.Supp. 201 (1972)

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.

April 5, 1972.

Attorney(s) appearing for the Case

Morris S. Dees, Jr., and Joseph J. Levin, Jr., Montgomery, Ala., for plaintiffs.

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

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

OPINION AND JUDGMENT

RIVES, Circuit Judge, and McFADDEN, District Judge:

Plaintiffs attack the constitutionality of 37 U.S.C. §§ 401, 403, and 10 U.S.C. §§ 1072, 1076, insofar as these statutes require different treatment for male as opposed to female members of the uniformed services, and seek to require the defendants to cause plaintiff Lt. Sharron A. Frontiero to receive the same quarters allowance and medical and dental benefits for...

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