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CUNNINGHAM v. HOFFMAN

No. 76-53-NE-CV.

420 F.Supp. 325 (1976)

James M. CUNNINGHAM, M. D. v. Martin R. HOFFMAN, Secretary of the Army, and Major Linden E. Schuyler.

United States District Court, M. D. Tennessee, Northeastern Division.

September 22, 1976.

Attorney(s) appearing for the Case

Jon E. Jones, Maddux, Moore & Jones, Cookeville, Tenn., for plaintiff.

Charles H. Anderson, U.S. Atty., and William H. Farmer, Asst. U.S. Atty., Nashville, Tenn., John W. Matthews, Washington, D. C., for defendants.

MEMORANDUM

FRANK GRAY, Jr., District Judge.

On August 26, 1976, a motion for a temporary restraining order was filed in this court to prevent the respondents from requiring the petitioner to enter upon active duty in the United States Army. Since the petitioner's orders did not require him to report until September 8, 1976, the court denied the request for a temporary restraining order and set a hearing for September 3, 1976, on petitioner's request for...

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