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ROTH v. LAIRD

No. 1040, Docket 71-1529.

446 F.2d 855 (1971)

Donald S. ROTH, Plaintiff-Appellant, v. Melvin LAIRD, Secretary of Defense, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 24, 1971.

Attorney(s) appearing for the Case

Donald Orseck, Liberty, N. Y., for plaintiff-appellant.

Joseph P. Marro, Sp. Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for Southern Dist. of N. Y., on the brief), for defendants-appellees.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Southern District of New York, denying a motion for a preliminary and permanent injunction and dismissing appellant's complaint. After oral argument had been heard on the motion for a preliminary injunction, the district court permitted an appeal through military channels of the Army's denial of appellant's request for a transfer to the Stand by Reserve based on extreme community...

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