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LOVALLO v. FROEHLKE

No. 927, Docket 72-1732

468 F.2d 340 (1972)

Lee T. LOVALLO, Petitioner-Appellant, v. Robert F. FROEHLKE, Secretary of the Army and Major General John Hightower, Commanding General of Fort Hamilton Complex, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 3, 1972.

Attorney(s) appearing for the Case

Leonard C. Lovallo, Buffalo, N. Y. (Charles J. Fiorella, Buffalo, on the brief), for petitioner-appellant.

Royce C. Lamberth, Judge Advocate, Washington, D. C. (C. Donald O'Connor, Acting U. S. Atty., Philip B. Abramowitz, Asst. U. S. Atty., on the brief), for respondents-appellees.

Before MANSFIELD and TIMBERS, Circuit Judges, and GURFEIN, District Judge.

GURFEIN, District Judge.

This is a strange case in which both parties have failed to look to our docket, and in consequence have briefed the matter both here and below on an assumption that is directly contrary to the fact of record. To understand this mutual error and its application to the appeal a brief recital of the facts will be in order.

Appellant, Lee T. Lovallo, was ordered to be recalled to active duty by the Army. He brought a petition for mandamus...

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