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HESS v. SCHLESINGER

No. 72-1806.

486 F.2d 1311 (1973)

Linda K. HESS et al., Appellants, v. James R. SCHLESINGER, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1973.

Attorney(s) appearing for the Case

Janice A. Goodman, New York City, of the bar of the Supreme Court of New York, pro hac vice, by special leave of court, with whom Alan Dranitzke, Washington, D. C., was on the brief, for appellants.

Garey G. Stark, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, James F. Rutherford, and Leonard W. Belter, Asst. U. S. Attys., and Kevin W. Carmody, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellees.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

BAZELON, Chief Judge:

Marine regulations limit the freedom of personnel assigned to units in the Western Pacific to have their dependents visit them. The District Court rejected appellants' constitutional challenges and upheld these restrictions by granting the government's motion for summary judgment. The question before us is whether the record permits summary judgment.

I

Marine Corps Orders provide that personnel assigned to Fleet Units in Japan...

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