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CINCIARELLI v. CARTER

Civ. A. No. 80-801.

490 F.Supp. 302 (1980)

Colonel Roland F. CINCIARELLI, U. S. M. C. R., Plaintiff, v. Honorable Jimmy CARTER et al., Defendants.

United States District Court, District of Columbia.

May 22, 1980.

Attorney(s) appearing for the Case

Joseph J. Petrillo, William S. Hemsley, Jr., Washington, D. C., for plaintiff.

John Oliver Birch, Asst. U. S. Atty., Washington, D. C., for defendants.

MEMORANDUM AND ORDER

GESELL, District Judge.

This matter is before the Court on cross-motions for summary judgment and plaintiff's application for a preliminary injunction. All issues have been fully briefed and argued. Col. Cinciarelli, a Reserve officer in the Marine Corps, is currently serving on active duty. He served earlier as a Reserve officer on active duty, pursuant to a Standard Written Agreement ("SWAG") with the United States, covering the period...

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