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FOX v. BROWN

No. 68 Civ. 2581.

286 F.Supp. 855 (1968)

Thomas F. FOX, Petitioner, v. Harold BROWN, Secretary of the United States Air Force, and A. C. O'Hara, Major General Nyarng, Chief of Staff to the Governor of New York, Respondents.

United States District Court S. D. New York.

June 28, 1968.

Attorney(s) appearing for the Case

John J. Fox, Pearl River, N. Y., for petitioner.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for respondent, Harold Brown, Secretary of the United States Air Force by Patricia M. Hynes, and Alan B. Morrison, New York City, of counsel.

Louis J. Lefkowitz, New York City, for respondent, A. C. O'Hara and Major General Nyarng, by Philip Weinberg, and Robert S. Hammer, New York City, of counsel.

OPINION

POLLACK, District Judge.

The petitioner enlisted in August 1962, in the State and U. S. Air National Guards for six years and is lawfully subject to the jurisdiction of the military.

The order activating petitioner was regularly made by a military official within his jurisdiction and his is a discretionary determination. Petitioner was duly alerted for active duty in October, 1967 and his order to active duty was made on May 29, 1968, more...

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