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McKENZIE v. SCHUPPENER

No. 28172.

415 F.2d 1056 (1969)

Michael D. McKENZIE, Appellant, v. Col. Paul B. SCHUPPENER, Commandant U. S. Army Missile & Munitions Center and School, Redstone Arsenal, Alabama and Stanley Resor, Secretary of the Army, Appellee-Intervenor.

United States Court of Appeals Fifth Circuit.

August 18, 1969.

Attorney(s) appearing for the Case

Billy L. Church, F. Don Siegal, Birmingham, Ala., for appellant.

Macon L. Weaver, U. S. Atty., Birmingham, Ala., John N. Mitchell, Atty. Gen. of U. S., Dept. of Justice, Washington, D. C., for appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

This matter is presented on a motion for injunction pending appeal. Rule 8, FRAP; 28 U.S.C.A. § 1651; United States v. Lynd, 5 Cir., 1962, 301 F.2d 818. Appellant voluntarily enlisted in the Army in February 1967. He is due to be discharged in February 1970. At his request, he was granted non-combatant status in April 1968. He was alerted for shipment to Vietnam in March 1969. Thereupon, pursuant to Army...

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