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FRIEDBERG v. RESOR

No. 119, Docket 71-1573.

453 F.2d 935 (1971)

Neal M. FRIEDBERG, Petitioner-Appellant, v. Stanley R. RESOR, Individually and as Secretary of the Army, and Commanding Officer, Individually and as Commanding Officer of the United States Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 29, 1971.

Attorney(s) appearing for the Case

Joan Goldberg, New York City (Kristin Booth Glen and Rabinowitz, Boudin & Standard, New York City, on the brief), for petitioner-appellant.

Daniel Riesel, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., and Alan B. Morrison, Asst. U. S. Atty., New York City, on the brief), for respondents-appellees.

Before MURRAH, WATERMAN and SMITH, Circuit Judges.

MURRAH, Circuit Judge:

Dr. Neal M. Friedberg, the appellant, is a Captain in the United States Army Reserves. He enlisted shortly after graduating from medical school, under the "Berry Plan," which permits doctors to complete their residency training prior to being called for two years of active duty. He was commissioned a First Lieutenant in February, 1967, and was automatically promoted to the rank of Captain in May, 1969. In October of 1969, after the Army had...

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