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DOE v. ALEXANDER

Civ. No. 3-79-184.

510 F.Supp. 900 (1981)

Jane DOE, on behalf of herself and all others similarly situated, Plaintiff, v. Clifford ALEXANDER, in his official capacity as Secretary of the Army, Robert S. Young, individually and in his official capacity as Brigadier General of the U.S. Army Reserve Components Personnel and Administration Center; Don Follette, individually and in his official capacity as Commander of the 13th Psychological Operations Battalion (PWSPT); Arthur S. Leon, M.S., individually and in his official capacity as examining physician at the 5501st U.S. Army Hospital; and the United States of America, Defendants.

United States District Court, D. Minnesota, Third Division.

March 27, 1981.

Attorney(s) appearing for the Case

Louise Miller O'Neil, St. Paul, Minn., for plaintiff.

Captain Calvin M. Lederer, Dept. of Army, Washington, D. C., Thomas K. Berg, U. S. Atty. and Deborah S. Kleinman, Asst. U. S. Atty., Minneapolis, Minn., for defendants.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

Plaintiff in this section 1983 suit seeks to enjoin the enforcement of an army medical regulation which disqualifies transsexuals from fitness for service.

This action is before the court on defendants' motion for judgment on the pleadings or in the alternative for summary judgment. Defendants argue that this court lacks jurisdiction because defendant is immune from suit, that plaintiff lacks standing to...

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