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GIANATASIO v. WHYTE

No. 768, Docket 34585.

426 F.2d 908 (1970)

Frank GIANATASIO, Jr., Plaintiff-Appellant, v. First Lieutenant Eamonn M. WHYTE, Commanding Officer, Company "A" 242nd Engineer Battalion (C) (A) Connarng, Stratford, Connecticut, Major General E. Donald Walsh, Adjutant General for the State of Connecticut, Lieutenant General Jonathan O. Seaman, Commanding General, First United States Army, Fort George G. Meade, Maryland, and Major General Winston P. Wilson, Chief National Guard Bureau, Washington, D. C., Defendants-Respondents.

United States Court of Appeals, Second Circuit.

Decided June 2, 1970.

Attorney(s) appearing for the Case

Lawrence P. Weisman, Bridgeport, Conn., for appellant.

Richard P. Crane, Jr., Asst. U. S. Atty., Stewart H. Jones, U. S. Atty., District of Connecticut, for defendants-respondents.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.

WATERMAN, Circuit Judge:

The appellant, Frank Gianatasio, Jr., enlisted in the Connecticut Army National Guard on July 14, 1965, Bastille Day. This fortuitous connection with one of the world's great national holidays commemorating the overthrow of despotic power by non-conformists was of no moment for three and one half years here, until, symbolically, appellant's commanding officer in January and March 1969 concluded on eleven drill occasions when appellant was...

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