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TUXWORTH v. FROEHLKE

No. 71-1305.

449 F.2d 763 (1971)

Douglas C. TUXWORTH, Plaintiff, Appellee, v. Robert F. FROEHLKE, Secretary of the Army et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

October 4, 1971.

Attorney(s) appearing for the Case

Robert B. Collings, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on motion, for appellants.

Paul I. Feinberg, Boston, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This matter is before us on an appeal from an order of the district court granting a preliminary injunction pending a hearing on the merits. Appellants move for a summary judgment of reversal under Local Rule 6. Cf. Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 708. We reverse, without reaching possible questions of jurisdiction, cf...

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