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KURLAN v. CALLAWAY

No. 475, Docket 74-2347.

510 F.2d 274 (1974)

Arthur S. KURLAN et al., Plaintiffs-Appellants, v. Howard H. CALLAWAY, Secretary of the Army, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 27, 1974.

Attorney(s) appearing for the Case

Steven J. Hyman, New York City (Samuel B. Mayer, Kunstler, Kunstler, Hyman & Goldberg, New York City, on the brief), for plaintiffs-appellants.

Robert S. Hammer, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees Wilson and Baker.

Louis G. Corsi, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. for the Southern District of New York, New York City, of counsel), for defendant-appellee Callaway.

Before SMITH, HAYS and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

The central question raised by this appeal is whether certain members of the New York Army National Guard ("the Guard" herein) are entitled, after five years of service in the Guard as part of our country's Ready Reserve, to be transferred to the Standby Reserve (an organization requiring less active participation in military activities than does the Guard) by reason of their having been members of Guard units that were called by the President...

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