SMITH v. RESOR

No. 323, Docket 33016.

406 F.2d 141 (1969)

Thomas C. SMITH, Appellant-Petitioner, v. Stanley S. RESOR, Secretary of the Army, Appellee-Respondent.

United States Court of Appeals Second Circuit.

Decided January 13, 1969.


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James; Willard H. Myers, III, Buffalo, N. Y., of counsel, for appellant-petitioner.

Edgar C. NeMoyer, Asst. U. S. Atty., for Western District of New York (Andrew F. Phelan, U. S. Atty., on the brief), for appellee-respondent.

Before KAUFMAN and ANDERSON, Circuit Judges, and McLEAN, District Judge.


IRVING R. KAUFMAN, Circuit Judge:

As in a number of recent cases, we are confronted with the vexatious problem of delineating the proper bounds for judicial review of military decisions affecting persons in the Armed Forces Reserves. Here our task is further complicated because we are asked to decide a question that has been troublesome from the days of Samson to Sergeant Elvis Presley — when is a soldier's hair too...

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