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COPPEDGE v. MARSH

Civ. A. No. 81-2149.

532 F.Supp. 423 (1982)

James COPPEDGE, Plaintiff, v. John O. MARSH, Secretary of the Army, et al., Defendants.

United States District Court, D. Kansas.

January 6, 1982.

Attorney(s) appearing for the Case

Patrick J. Reardon, Leavenworth, Kan., for plaintiff.

Jim J. Marquez, U. S. Atty., Janice Miller Karlin, Asst. U. S. Atty., Kansas City, Kan., for defendants; Douglas G. Andrews, Major, JAGC, U. S. Army, and M. Scott Magers, Lt. Col., JAGC, Chief, Military Personnel Branch, Litigation Division, Washington, D. C., of counsel.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on plaintiff's motion for a preliminary injunction. Plaintiff seeks to restrain the defendants from separating him from active duty in the United States Army Reserve until completion of appellate review of plaintiff's court-martial conviction. A hearing was held on plaintiff's motion on July 23, 1981, at which plaintiff was the only witness. Defendants have since filed...

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