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ABLE v. U.S.

No. 94 CV 974.

880 F.Supp. 968 (1995)

Lieutenant Colonel Jane ABLE, Petty Officer Robert Heigl, First Lieutenant Kenneth Osborn, Sergeant Steven Spencer, Lieutenant Richard von Wohld, and Seaman Werner Zehr, Plaintiffs, v. UNITED STATES of America, William J. Perry, Secretary of Defense, in his official capacity, and Federico F. Peña, Secretary of Transportation, in his official capacity, Defendants.

United States District Court, E.D. New York.

March 30, 1995.

Attorney(s) appearing for the Case

Sullivan & Cromwell (David H. Braff, Michael Lacovara, Penny Shane, Ellen Bresler, Edward A. Harris, Ann T. Kenny, of counsel), American Civil Liberties Union Foundation (Ruth E. Harlow, Marc E. Elovitz, Matthew Coles, of counsel), Lambda Legal Defense & Educ. Fund (Beatrice Dohrn, Evan Wolfson, of counsel), New York City, for plaintiffs.

Department of Justice (Frank W. Hunger, Zachary W. Carter, John A. Rogovin, Charles S. Kleinberg, David J. Anderson, Vincent M. Garvey, Margaret H. Plank, Robert A. Van Kirk, Kevin W. Simpson, Mark T. Quinlivan, of counsel), Department of Army (Major Douglas K. Mickle, Captain Tara O. Hawk, Washington, DC, Office of Judge Advocate General, of counsel), for defendants.

MEMORANDUM AND ORDER

NICKERSON, District Judge:

Plaintiffs, six members of the United States Armed Services (the Services) who have stated that they are homosexual, brought this action for an order (1) declaring invalid under the First and Fifth Amendments Section 571 of the National Defense Authorization Act for the Fiscal Year 1994, 10 U.S.C. § 654 (the Act), concerning a new policy as to homosexuals, and the directives issued under the Act (the Directives...

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