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CARUSO v. TOOTHAKER

Civ. No. 71-301.

331 F.Supp. 294 (1971)

Leicester F. CARUSO, v. Cpt. James S. TOOTHAKER, Commanding Officer, Headquarters Detachment, Pa. Army National Guard, and Secretary of Defense, The Pentagon, Washington, D. C.

United States District Court, M. D. Pennsylvania.

September 3, 1971.

Attorney(s) appearing for the Case

Egnal & Egnal, Philadelphia, Pa., J. Thomas Menaker, Harrisburg, Pa., for plaintiff.

S. John Cottone, U. S. Atty., Scranton, Pa., for defendants.

OPINION

MUIR, District Judge.

Leicester F. Caruso, a private in the Army National Guard, brings this suit seeking injunctive relief from an order of the Department of the Army directing him to report for active duty in the United States Army for 18 months and 17 days. Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 1361. After a hearing and argument, we deny the application for a preliminary injunction.

10 U.S.C. § 673a

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