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DIORIO v. McBRIDE

Civ. A. No. 69-649.

306 F.Supp. 528 (1969)

Michael J. DIORIO, Petitioner, v. Brigadier General George H. McBRIDE, Installation Commander, Redstone Arsenal, Alabama; Lt. Col. Robert E. WESSON, the Commander of Troops, United States Army Missile Command; and Stanley Resor, Secretary of the Army, Respondents.

United States District Court N. D. Alabama, Northeastern Division.

November 26, 1969.

Attorney(s) appearing for the Case

Macon L. Weaver, Smith, Lammons & Weaver, Huntsville, Ala., for petitioner.

Wayman G. Sherrer, U. S. Atty., Northern Dist. of Alabama, Birmingham, Ala., Capt. John B. Mayes, Office of the Staff Judge Advocate, U. S. Army Missile Command, Redstone Arsenal, Ala., for respondents.

OPINION OF THE COURT

ALLGOOD, District Judge.

On August 7, 1969, Pfc. Michael J. Diorio (petitioner herein), Sp/4 Michael A. Strauss, and Sp/4 Neil J. Blair, Jr., members of the 291st Military Police Company stationed at Redstone Arsenal, Alabama, while off duty and in civilian clothes, were seen standing near a parked automobile in a relatively secluded area of the Arsenal on Weeden Mountain. The servicemen were seen by three civilian employees of the United...

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