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BANKS v. BALL

Civ. A. No. 86-0923-A.

705 F.Supp. 282 (1989)

Richard A. BANKS, Plaintiff, v. William L. BALL, III, Secretary of the Navy, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

February 1, 1989.

Attorney(s) appearing for the Case

Roger J. Nichols, Los Angeles, Cal., Penrose Lucas Albright, Arlington, Va., for plaintiff.

Commander Richard S. Walsh, JAGC, USN, Office of the Judge Advocate Gen. of the Navy, Gen. Litigation Div., Dept. of the Navy, Dennis E. Szybala, Asst. U.S. Atty., Alexandria, Va., for defendant.

MEMORANDUM OPINION

CACHERIS, District Judge.

This matter is before the court on the plaintiff's Complaint seeking a declaratory judgment that Article 1149 of Navy Regulations be declared unconstitutional in violation of the First Amendment and be declared not applicable to the plaintiff, Richard A. Banks ("Banks") as a Naval reservist.1 Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure defendant moves for dismissal...

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