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KAHN v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

Civ. A. No. 69-271.

302 F.Supp. 178 (1969)

Henry S. KAHN, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Surgeon General, Public Health Service, and Secretary of the Army, Defendants.

United States District Court D. Massachusetts.

July 25, 1969.

Attorney(s) appearing for the Case

William P. Homans, Jr., Boston, Mass., Leonard B. Boudin, Rabinowitz, Boudin & Standard, New York City, Allan R. Rosenberg, Boston, Mass., for plaintiff.

Herbert F. Travers, Jr., U. S. Atty., Stanislaw R. J. Suchecki, Asst. U. S. Atty., for defendants.

MEMORANDUM AND RULING DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

JULIAN, District Judge.

The plaintiff has moved that the defendant Secretary of the Army "be enjoined, pendente lite, from taking any action with respect to inducting the plaintiff into the United States Army or allocating said plaintiff to any other branch of the armed forces for active duty therein."

The motion is accompanied by plaintiff's affidavit to which are...

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