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FOX v. BROWN

No. 109, Docket 32584.

402 F.2d 837 (1968)

Thomas F. FOX, Petitioner-Appellant, 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-Appellees.

United States Court of Appeals Second Circuit.

Decided October 21, 1968.

Certiorari Denied March 24, 1969.

Attorney(s) appearing for the Case

Moses M. Falk, New York City, for petitioner-appellant.

Patricia M. Hynes, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Alan G. Blumberg, Asst. U. S. Atty., on the brief), for respondent-appellee Brown.

Philip Weinberg, Associate Atty., State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of New York and Philip Kahaner, Asst. Atty. Gen., on the brief), for respondent-appellee O'Hara.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

Certiorari Denied March 24, 1969. See 89 S.Ct. 1219.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from two judgments of the District Court for the Southern District of New York, Milton Pollack, Judge, denying on argument, and again on reargument, 286 F.Supp. 855 (S.D. N.Y.1968), the application of petitioner Fox to annul an order directing him to report for active duty with the United States Air Force and discharging...

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