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SPOCK v. DAVID

No. 72-1934.

469 F.2d 1047 (1972)

Benjamin SPOCK et al., Appellants, v. Bert A. DAVID, Commander, Fort Dix Military Reservation, and Melvin Laird, Secretary of Defense.

United States Court of Appeals, Third Circuit.

Decided October 27, 1972.

Attorney(s) appearing for the Case

David Kairys, Kairys & Rudovsky, Philadelphia, Pa., for appellants.

Richard W. Hill, Asst. U. S. Atty., Trenton, N. J., for appellees.

Before GIBBONS and JAMES ROSEN, Circuit Judges, and LAYTON, District Judge.

Submitted Under Third Circuit Rule 12(6) October 17, 1972.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal authorized by 28 U. S.C. § 1292(a) (1) from an order of the district court, 349 F.Supp. 179, refusing a preliminary injunction. It is before this panel as a result of the appellants' motion for an injunction pending appeal pursuant to Rule 8(a), Fed. R.App.P. or in the alternative for...

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