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MURPHY v. GARRETT

Civ. A. No. 89-1853.

729 F.Supp. 461 (1990)

Michael A. MURPHY, Plaintiff, v. H. Lawrence GARRETT, Secretary of the Navy; A.M. Gray, Commandant of the Marine Corps; W.E. Boomer, Commanding General Marine Corps, 4th Marine Division, Department of the Navy; Colonel Rex M. Williams, Deputy Director of Marine Reserve Support Center, Department of the Navy; Major Dennis Williams, United States Marine Corps Recruiting Center Pittsburgh, Department of the Navy; Richard Cheney, Secretary of Defense, and the United States of America, Defendants.

United States District Court, W.D. Pennsylvania.

January 18, 1990.

Attorney(s) appearing for the Case

Philip A. Ignelzi, Samuel Cordes, Ogg, Jones, DiSimone & Ignelzi, Francis C. Rapp, Jr., Feldstein Grinberg Stein & McKee, Pittsburgh, Pa., for plaintiff.

Amy Reynolds Hay, Asst. U.S. Atty., Pittsburgh, Pa., Lt. Vincent Matanoski, JAGC, USNR, Lt. Ruth Thompson, JAGC, USN, Lt. (j.g.) Kris Henrichsen, JAGC, USNR Law Student Division, Office of the Judge Advocate Gen., Dept. of Navy, General Litigation Div., Alexandria, Va., for defendants.

OPINION

DIAMOND, District Judge.

Michael A. Murphy commenced this action against the Secretary of the Navy and various other defendants on August 31, 1989. On that day, Murphy also sought a temporary restraining order enjoining the defendants from ordering him to active duty in the military for the purpose of appearing before an investigation, pursuant to Article 32 of the Uniform Code of Military Justice ("U.C.M.J."), into court martial charges pending...

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