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McGAW v. FARROW

No. 72-1771.

472 F.2d 952 (1973)

Captain Douglas Bruce McGAW et al., Appellants, v. Colonel A. Allen FARROW et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1973.

Attorney(s) appearing for the Case

Carroll T. Neale, III, and Richard W. Hudgins, Newport News, Va. (Hudgins & Neale, Newport News, Va., on brief), for appellants.

Edward C. Newton, IV, Captain, JAGC, Dept. of the Army (Brian P. Gettings, U. S. Atty., James A. Oast, Jr., Asst. U. S. Atty., on brief), for appellees.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The plaintiffs seek declaratory and injunctive relief in connection with the denial by the commander of the military base at Fort Eustis, Virginia, of their application to use the chapel facilities at such base for "a religious memorial service * * * for all Indo-China war dead."1 They describe themselves as persons "who are now, or, have been and will be, members of the United States Army stationed at Fort...

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