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HARRIS v. KAINE

No. 71 Civ. 1704.

352 F.Supp. 769 (1972)

Eric HARRIS, Plaintiff, v. Major General J. W. KAINE, Commanding General, 77th United States Army Reserve Command, et al., Defendants.

United States District Court, S. D. New York.

June 29, 1972.

Attorney(s) appearing for the Case

James J. Foster, New York City, for plaintiff.

David Land, Asst. U. S. Atty., New York City, for defendants.

MEMORANDUM

TENNEY, District Judge.

This case is before the Court on plaintiff's motion for summary judgment, Fed.R.Civ.P. 56, and defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1) and (6).

As factual background, plaintiff, Eric Harris, is a man who within the spirit of the times has...

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