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TOMLINSON v. HERSHEY

Civ. No. 9214.

95 F.Supp. 72 (1949)

TOMLINSON v. HERSHEY, Director of Selective Service, et al.

United States District Court E. D. Pennsylvania.

February 17, 1949.

Attorney(s) appearing for the Case

James K. Baker, Philadelphia, Pa., Franklin H. Williams, New York City, for plaintiff.

Gerald A. Gleeson, U. S. Atty., Edward A. Kallick, Asst. U. S. Atty., Philadelphia, Pa., for defendants.

GANEY, District Judge.

This is a motion to dismiss a complaint, for an injunction and declaratory judgment. The defendants contend in the motion to dismiss that Lewis B. Hershey, Director of Selective Service at Washington, D.C., as well as Henry M. Gross, State Director at Harrisburg, Major General Leonard J. Gerow, Commanding General, Second Army, Ft. George Mead, Maryland, are improper parties before the court inasmuch as they have not been previously served under...

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