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SCARTH v. GERACI

Civ. A. No. 5-74-93.

382 F.Supp. 876 (1974)

Pat A. SCARTH, Petitioner, v. Colonel Albert J. GERACI, U.S.A. Professor of Military Science Army ROTC, Texas Tech University, Lubbock, Texas, et al., Respondents.

United States District Court, N. D. Texas, Lubbock Division.

October 9, 1974.

Attorney(s) appearing for the Case

John T. Montford, Lubbock, Tex., for petitioner.

Frank D. McCown, U. S. Atty., by Robert B. Wilson, Asst. U. S. Atty., Lubbock, Tex., Alvin L. Thomas, Captain JAGC, United States Air Force, for respondents.

MEMORANDUM AND ORDER

WOODWARD, District Judge.

Pat A. Scarth, Petitioner, enrolled in Texas Tech University in August, 1969, seeking a degree in agricultural engineering. On August 30, 1971, Petitioner executed a contract for participation in the Advanced Course Army Reserve Officers Training Corps (ROTC) which, if satisfactorily completed by a physically qualified student, could result in the participant receiving an Army Commission upon graduation. Petitioner...

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