BERNSTEIN v. HERREN


141 F.Supp. 78 (1956)

Theodore BERNSTEIN, Stanley Hauser, Bertram Lessuck, David Lubell, Jonathan Lubell, Bernard Radoff, Samuel Suckow, Rudolph Thomas, inductees in the Army of the United States v. Lieutenant General Thomas W. HERREN, Commanding General, First Army, Fort Jay, Governor's Island, New York.

United States District Court S. D. New York.

March 8, 1956.


Attorney(s) appearing for the Case

Albert L. Colloms and Stanley Faulkner, New York City, for plaintiffs.

Paul W. Williams, U. S. Atty., New York City, Harold J. Raby, Asst. U. S. Atty., New York City, of counsel, for defendant.


RYAN, District Judge.

Plaintiffs and defendant have both moved for summary judgment. Plaintiffs are soldiers of the United States Army presently stationed at Fort Dix, New Jersey, and in the service following induction under the Universal Military Training Act of 1950, 50 U.S.C.A. Appendix, § 451 et seq. The defendant, Lieutenant General, is the Commanding General of the First Army area, within which Fort Dix is located.

This suit was filed under Section...

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