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ROBERTS v. KNOWLTON

No. 74 Civ. 2274.

377 F.Supp. 1381 (1974)

Cromwell A. ROBERTS, Plaintiff, v. Lieutenant-General William KNOWLTON, Superintendent, United States Military Academy, Defendant.

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

July 8, 1974.

Attorney(s) appearing for the Case

Kunstler, Kunstler, Hyman & Goldberg, New York City, for plaintiff; Joan Goldberg, New York City, of counsel.

Paul J. Curran, U. S. Atty., for the S. D. N. Y., New York City, for defendant; Peter C. Salerno, New York City, of counsel.

ROBERT J. WARD, District Judge.

Plaintiff, a cadet at the United States Military Academy ("the Academy"), moves pursuant to Rule 65(a), Fed.R. Civ.P., for a preliminary injunction requiring defendant to grade his first-year final examinations and to permit him to begin the new term at the Academy when it commences on or about July 10, 1974. At the oral argument, defendant cross-moved pursuant to Rule 56, Fed.R.Civ.P., for summary judgment. Inasmuch as plaintiff's...

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