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DiLUIGI v. MIER

Civ. No. 76-1332.

430 F.Supp. 1098 (1977)

Pasquale DiLUIGI, Plaintiff, v. Harry J. MIER, Jr., Individually and in his capacity as Adjutant General of Pennsylvania, Defendant.

United States District Court, M. D. Pennsylvania.

As Amended June 15, 1977.

Attorney(s) appearing for the Case

Bruce E. Endy, Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for plaintiff.

David Dart Queen, Harrisburg, Pa., Joseph R. Reeder, Office of the Judge Adjutant Gen., Washington, D. C., for defendant.

OPINION

MUIR, District Judge.

Currently pending is Defendant Mier's motion to dismiss or, in the alternative, for summary judgment. For purposes of the motion the Court will accept as true all well-pleaded allegations contained in the Complaint and will construe it in the light most favorable to Plaintiff DiLuigi in order to determine whether, under any circumstances, he might be entitled to relief. See Scheuer v. Rhodes, 416 U.S. 232...

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