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CRAWFORD v. CUSHMAN

No. 49, Docket 75-7114.

531 F.2d 1114 (1976)

Stephanie CRAWFORD, Appellant, v. General Robert E. CUSHMAN, Jr., Commandant, United States Marine Corps, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 23, 1976.

Attorney(s) appearing for the Case

Kathleen Peratis, American Civil Liberties Union Foundation, New York City (Ruth Bader Ginsburg, Melvin L. Wulf, New York City, on the brief), Mary Just Skinner, Vermont Legal Aid, Inc., Montpelier, Vt., for appellant.

William B. Gray, Asst. U. S. Atty., Rutland, N. Y. (George W. F. Cook, U. S. Atty. for the District of Vermont, Rutland, Vt., of counsel), for appellee.

Before MOORE, FEINBERG and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal challenges, on due process and equal protection grounds, a now outmoded Marine Corps regulation which mandated the discharge of women Marines for pregnancy. The United States District Court for the District of Vermont, James S. Holden, Chief Judge, held that the regulation in question has a rational basis in terms of military readiness and mobility in addition to other practical, administrative considerations and did not operate...

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