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FEBUS NEVAREZ v. SCHLESINGER

Civ. No. 492-73.

440 F.Supp. 741 (1977)

Emilio FEBUS NEVÁREZ, Petitioner, v. James R. SCHLESINGER, Secretary of Defense of the United States and the Commanding Officer of the Third U.S. Army, Respondents.

United States District Court, D. Puerto Rico.

April 27, 1977.

Attorney(s) appearing for the Case

Otero Suro & Otero Suro, Hato Rey, P. R., for petitioner.

Julio Morales Sánchez, U. S. Atty., San Juan, P. R., for respondents.

OPINION AND ORDER

PESQUERA, District Judge.

Petitioner, a member of the U.S. Army Reserve Corps, was ordered into involuntary active duty after allegedly failing to attend five drills without excuse. Respondents' orders requesting induction have been challenged herein through a petition for injunctive relief, asserting, inter alia, that they are an illegal and arbitrary enforcement and application of the pertinent military laws and regulations.

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