MORBETO v. UNITED STATES

No. 68-1075.

293 F.Supp. 313 (1968)

First Lieutenant Joseph A. MORBETO, Jr., United States Army Reserve, Plaintiff, v. UNITED STATES of America; Honorable Clark Clifford, Secretary of Defense; Honorable Stanley R. Resor, Secretary of the Army; Lt. Colonel H. W. Wheeler, Chief Officer, Active Duty Control Division, Office of Personnel Operations, Fort Benjamin Harrison, Defendants.

United States District Court C. D. California.

October 18, 1968.


Attorney(s) appearing for the Case

Murray Richtel, and Richtel & Nagin, Beverly Hills, Cal., for plaintiff.

Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief of Civil Div., and James D. Murray and David H. Anderson, Asst. U. S. Attys., Los Angeles, Cal., for defendants.


DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

HAUK, District Judge.

Plaintiff has filed a complaint seeking a permanent injunction prohibiting defendants, during the pendency of this litigation from enforcing orders calling plaintiff to active duty, and from issuing any orders which would have the effect of removing plaintiff from the jurisdiction of this Court...

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