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MELA v. CALLAWAY

No. 74 Civ. 2153.

378 F.Supp. 25 (1974)

Angelo MELA et al., Plaintiffs, v. Howard H. CALLAWAY, Secretary of the Army, et al., Defendants.

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

June 5, 1974.

Attorney(s) appearing for the Case

Kunstler, Kunstler Hyman & Goldberg, New York City, for plaintiffs; Steven J. Hyman, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants Wilson and Baker; Robert S. Hammer, New York City, of counsel.

Paul J. Curran, U. S. Atty., S.D.N.Y., New York City, for defendant Callaway; A. W. Fargo, III, New York City, of counsel.

ROBERT J. WARD, District Judge.

Plaintiffs, all of whom have completed or are about to complete their fifth year of service in the New York Army National Guard ("the National Guard"), a component of the Ready Reserve forces of the United States, move for an order pursuant to Rule 65, Fed.R.Civ.P., granting a preliminary injunction against defendants Howard H. Callaway, Secretary of the Army, Malcolm Wilson, Governor of the State of New York, and John C. Baker, Commanding...

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