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STEENSON v. MARSH

Civ. A. No. CV85-PT-1150-S.

609 F.Supp. 800 (1985)

Morris R. STEENSON, Plaintiff, v. John O. MARSH, Jr., Secretary of the Army; MG Will Hill Tankersley, Commanding Officer 87th USA Maneuver Area Command, Dept. of the Army; MAJ Benjamin L. Payton, Adjutant General, 87th USA Maneuver Area Command, Dept. of the Army, Defendants.

United States District Court, N.D. Alabama, S.D.

May 23, 1985.

Attorney(s) appearing for the Case

Albert L. Jordan, Fitzpatrick & Jordan, Birmingham, Ala., for plaintiff.

Frank W. Donaldson, U.S. Atty., Caryl P. Privett, George C. Batcheler, Asst. U.S. Attys., Birmingham, Ala., Major Anthony V. James, Dept. of the Army, Washington, D.C., for defendants.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on cross motions to dismiss, or in the alternative, for summary judgment and a trial on the merits. The plaintiff filed a complaint seeking a temporary restraining order and preliminary injunctive relief on April 24, 1985, and on April 25, 1985, the court conducted a hearing, and denied plaintiff's application for a temporary restraining order. By order of April 26, 1985, the court...

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