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McBRIDE v. WEST

No. 5:96-CV-363-BO(1).

940 F.Supp. 893 (1996)

Harold McBRIDE, Jr., Sergeant, United States Army, Plaintiff, v. The Honorable Togo P. WEST, Secretary of the United States Army, in his official capacity; and his respective representatives and successors, Defendant.

United States District Court, E.D. North Carolina, Western Division.

September 20, 1996.

Attorney(s) appearing for the Case

Mark L. Waple, Waple & McRorie, Fayetteville, NC, for plaintiff.

Fenita T. Morris, Assistant U.S. Attorney, Civil Division, Raleigh, NC, for defendant.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter comes before the Court on defendant's motion to dismiss. Plaintiff, alleging a variety of constitutional and statutory violations, has petitioned this Court for two forms of relief: 1) a preliminary injunction preventing the United States Army from discharging him, and 2) an order from this Court that plaintiff's waiver of his right to trial by court-martial was void for lack of voluntariness...

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