SHADLE v. UNITED STATES

Civ. No. 70-254.

315 F.Supp. 102 (1970)

John R. SHADLE, Jr., Plaintiff, v. UNITED STATES of America, Melvin Laird, Secretary of Defense of the United States of America, Lt. Gen. Jonathan Seamen, Commanding General, First United States Army, Maj. William K. Tilman, Commanding Officer, U. S. Army Reception Station, Fort Dix, New Jersey, and Frank J. Fekete, First Lieutenant, United States Army, Defendants.

United States District Court, M. D. Pennsylvania.

July 9, 1970.


Attorney(s) appearing for the Case

Smith B. Gephart, Killian, Gephart & Snyder, Harrisburg, Pa., for plaintiff.

S. John Cottone, U. S. Atty., James Walker, Asst. U. S. Atty., Scranton, Pa., for defendants.


MEMORANDUM

HERMAN, District Judge.

Before the court is an Army Reservist's complaint seeking an injunction, assailing an involuntary call to active duty pursuant to Executive Order No. 11366, 10 U.S.C. § 673a. Petitioner John R. Shadle, Jr. claims the court has jurisdiction under the Constitution of the United States, Article I, § 8; Federal Rules of Civil Procedure 4(d) and 4(e); and 28 U.S.C.A. §§ 1331, 1391(e).

No constitutional...

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