DEPINO v. COMMANDING OFFICER, U. S. A. OVERSEAS REPLACE. STATION, FORT LEWIS, WASHINGTON

Civ. No. 14047.

322 F.Supp. 56 (1971)

Edward W. DePINO, Plaintiff, v. COMMANDING OFFICER, U. S. A. OVERSEAS REPLACEMENT STATION, FORT LEWIS, WASHINGTON, Commanding Officer, Co. C 1stBn 41st Inf., Fort Hood, Texas, John F. Forrest, Colonel, G.S. Chief of Staff, Headquarters, 2nd Armored Division, Fort Hood, Texas, Defendants.

United States District Court, D. Connecticut.

February 5, 1971.


Attorney(s) appearing for the Case

Alan E. Silver, New Haven, Conn., for plaintiff.

Stewart Jones, U. S. Atty., Thomas F. Maxwell, Asst. U. S. Atty., New Haven, Conn., for defendants.


MEMORANDUM OF DECISION

ZAMPANO, District Judge.

The plaintiff, Edward W. DePino, a sergeant in the United States Army, seeks mandamus and injunctive relief against his military orders to report to Fort Lewis, Washington, for assignment to Vietnam. A temporary restraining order was issued and a series of hearings was held. The hearings were recessed by agreement of the parties to enable the plaintiff to seek redress through the Inspector General's office...

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