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KURLAN v. CALLAWAY

No. 74 Civ. 2986.

381 F.Supp. 594 (1974)

Arthur S. KURLAN et al., Plaintiffs, v. Howard H. CALLAWAY et al., Defendants.

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

September 24, 1974.

Attorney(s) appearing for the Case

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

Paul J. Curran, U. S. Atty., New York City, for defendant Callaway; Louis G. Corsi, New York City, of counsel.

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

ROBERT J. WARD, District Judge.

Plaintiffs, who are members of the New York National Guard ("the National Guard"), 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 General of the National Guard. Defendants Wilson and Baker cross-move for an order pursuant to Rules 12(b)(1) and (6), (h)...

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