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COOK v. RUMSFELD

Civil Action No. 04-12546-GAO.

429 F.Supp.2d 385 (2006)

Thomas COOK, Megan Dresch, Laura Galaburda, Jack Glover, David Hall, Monica Hill, Jenny Lynn Kopfstein, Jennifer McGinn, Justin Peacock, James E. Pietrangelo II, Derek Sparks, Stacy Vasquez, Plaintiffs, v. Donald H. RUMSFELD, Secretary of Defense, Michael Chertoff, Secretary of Homeland Security, United States of America, Defendants.

United States District Court, D. Massachusetts.

April 24, 2006.

Attorney(s) appearing for the Case

Jonathan A. Shapiro, Matthew A. Stowe, Maura T. Healey, Louis W. Tompros, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, Josh Goldfoot, Stuart F. Delery, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for Plaintiffs.

Mark T. Quinlivan, United States Attorney's Office, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The plaintiffs are twelve former members of the armed forces of the United States who assert that they were forced to leave the military service involuntarily by reason of the defendants' enforcement of 10 U.S.C. § 654 and regulations adopted pursuant to it. Section 654 and its implementing regulations express what has become known as the "Don't Ask, Don't Tell" policy of the armed forces, mandating...

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