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CORTRIGHT v. RESOR

No. 70 C 909.

325 F.Supp. 797 (1971)

David B. CORTRIGHT, on behalf of himself and others similarly situated, et al., Petitioners, v. Stanley R. RESOR, Secretary of the Army, Major General Walter M. Higgins, Commanding General of Fort Hamilton Complex, New York, Respondents.

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

March 23, 1971.

Attorney(s) appearing for the Case

Lefcourt, Garfinkle, Crain, Cohn, Sandler, Lefcourt, Kraft & Stolar, New York City, for petitioners; Frederick H. Cohn, Martin R. Stolar, New York City, of counsel.

Edward R. Neaher, U. S. Atty., E.D. N.Y., Brooklyn, N. Y., for respondents; Lloyd Baker, Asst. U. S. Atty., Captain John T. Lenga, of counsel.

MEMORANDUM

WEINSTEIN, District Judge.

This litigation presents serious questions concerning the right of soldiers to free speech and the authority of this Court to protect that right. In the belief that the Army's ability to function effectively would be strengthened, a soldier was transferred and regulations were more strictly enforced because some members of an Army unit circulated and signed petitions opposing...

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