STONE v. JENNINGS

No. 70 Civ. 3199.

318 F.Supp. 1379 (1970)

John Gilbert STONE, Plaintiff, v. Hal B. JENNINGS, Jr., et al., Defendants.

United States District Court, S. D. New York.

July 29, 1970.


Attorney(s) appearing for the Case

Kunstler & Kunstler, New York City, for plaintiff; Alfred Lawrence Toombs, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., New York City, for defendant; Joel B. Harris, Asst. U. S. Atty., of counsel.


MEMORANDUM

COOPER, District Judge.

This is an action seeking a writ of mandamus directing the United States Army to comply with Army Regulation 614-30 ¶ 3-2 relating to temporary deferment of overseas duty.

Petitioner now seeks a preliminary injunction restraining his ordered transfer to Viet Nam pending a final resolution of the merits of his claim. We are informed that he is presently ordered to be in San Francisco, California by 6:00 p. m...

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