Louis J. FIOTO, on behalf of himself and all other persons similarly situated, Plaintiffs,
v.
UNITED STATES DEPARTMENT OF the ARMY and Howard Callaway, as Secretary of the Army, Defendants.
United States District Court, E. D. New York.https://leagle.com/images/logo.png
January 14, 1976.
January 14, 1976.
Attorney(s) appearing for the Case
Kalman Finkel, Attorney-in-Charge, Civ. Div., The Legal Aid Society, New York City, Joan Mangones, The Legal Aid Society, Staten Island (David Goldfarb and Marshall W. Green, The Legal Aid Society, Staten Island, of counsel); John E. Kirklin, The Legal Aid Society, Civ. Appeals Bureau, New York City, for plaintiffs.
David G. Trager, U. S. Atty., E.D. N.Y., Brooklyn, N.Y. (J. Christopher Jensen, Asst. U. S. Atty., Brooklyn, N.Y., of counsel), for defendants.
Before LUMBARD, Circuit Judge, and BRUCHHAUSEN and BRAMWELL, District Judges.
United States District Court, E. D. New York.
OPINION
LUMBARD, Circuit Judge.
Louis Fioto, on behalf of himself and all others similarly situated,1 challenges the constitutionality of 10 U.S.C. § 1331(c) which, in combination with § 1331(a), governs the availability of retirement pay for members of the non-regular military service (i. e., Reserves and National Guard). Pursuant to 28 U.S.C. §§ 2282, 2284 this court was convened to consider plaintiff's...
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