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HAGOPIAN v. KNOWLTON

No. 253, Docket 72-1941.

470 F.2d 201 (1972)

Joachim HAGOPIAN, Plaintiff-Appellee, v. Major General William KNOWLTON et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 31, 1972.

Attorney(s) appearing for the Case

Frank H. Wohl, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., Southern District of New York, of counsel), for defendants-appellants.

Joan Goldberg, New York City (Rabinowitz, Boudin & Standard, Michael Krinsky, Herbert Jordan, New York City, of counsel), for plaintiff-appellee.

Before KAUFMAN, SMITH and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

The Superintendent of the United State Military Academy at West Point (the "Academy"), the Commandant of the Academy, and the Secretary of the Army appeal pursuant to 28 U.S.C. § 1292(a) from an order, 346 F.Supp. 29, granting preliminary injunction restraining them from ordering Joachim Hagopian, a former third-year cadet, to active duty and requiring them to readmit him to the program of instruction...

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