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GORDON v. RESOR

No. 70 Civ. 2796.

323 F.Supp. 268 (1970)

James Harold GORDON, Plaintiff, v. Stanley R. RESOR, Individually and as Secretary of the Army, Commanding Officer, Individually and as Commanding Officer of the United States Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, and Commanding Officer, Individually and as Commanding Officer of Walter Reed Army Medical Center, Washington, D. C., Defendants.

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

September 3, 1970.

Attorney(s) appearing for the Case

Rabinowitz, Boudin & Standard, New York City, for plaintiff, by Michael B. Standard, Leonard B. Boudin and Joan Goldberg, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for defendants, by Daniel Riesel, Asst. U. S. Atty., of counsel.

MEMORANDUM

CROAKE, District Judge.

Plaintiff is a medical doctor specializing in the field of anaerobic bacteria. Upon graduating from Harvard Medical School in June 1969, plaintiff applied for a commission in the United States Army Reserve, and in October 1966 he was commissioned a First Lieutenant pursuant to the "Berry Program," and thereafter, for the succeeding three and one-half years, renewed his contract with the Army on an annual basis. Under the...

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