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JENKINS v. RUMSFELD

Civ. A. No. 75-65-NN.

412 F.Supp. 1177 (1976)

Alexander M. JENKINS et al., Plaintiffs, v. Donald H. RUMSFELD, Secretary of Defense, et al.

United States District Court, E. D. Virginia, Newport News Division.

May 11, 1976.

Attorney(s) appearing for the Case

Margaret McPherson, Newport News, Va., for plaintiffs.

William B. Cummings, U. S. Atty., E. D. Va., and Roger T. Williams, Asst. U. S. Atty., Norfolk, Va., for the U. S.

Michael Wolf, New York City (Henry Kaiser, Ronald Rosenberg, Van Arkel, Kaiser, Gressman & Rosenberg, Washington, D. C., Norman Olitsky, Olitsky & Olitsky, Portsmouth, Va., on brief) for the union.

Before BUTZNER, Circuit Judge, KELLAM, Chief Judge, and CLARKE, District Judge.

BUTZNER, Circuit Judge:

Since 1908 federal law has provided that "[n]o Army band or member thereof may receive remuneration for furnishing music outside the limits of an Army post in competition with local civilian musicians."1 The plaintiffs, army bandsmen, seek to enjoin enforcement of this statute and a supplementary provision of the code,2 contending that these...

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