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LARIONOFF v. UNITED STATES

Nos. 74-1211, 74-1212.

533 F.2d 1167 (1976)

Nicholas J. LARIONOFF, Jr., et al. v. The UNITED STATES of America et al., Appellants. Nicholas J. LARIONOFF, Jr., et al., Appellants, v. The UNITED STATES of America et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1976.

Rehearing Denied April 21 and April 29, 1976.

Attorney(s) appearing for the Case

Stephen Daniel Keeffe, Washington, D. C., for appellants in No. 74-1212 and appellees in No. 74-1211.

Neil H. Koslowe, Atty., Dept. of Justice, Washington, D. C., with whom Carla A. Hills, Asst. Atty. Gen., New York City, at the time the brief was filed, Earl J. Silbert, U. S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellants in No. 74-1211 and appellees in No. 74-1212. Morton Hollander, Atty., Dept. of Justice and Michael A. Katz, Asst. U. S. Atty., Washington, D. C., also entered appearances for appellants in No. 74-1211 and appellees in No. 74-1212.

Before RICHARD T. RIVES, Senior Circuit Judge for the Fifth Circuit, WRIGHT and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge:

Congress has been continuously concerned from its inception with the problem of maintaining an adequately manned military establishment for the protection of our national interests. Although one controversial response to that problem has been the operation of a system of compulsory military service, Congress has also — especially in recent years — attempted to provide a sufficient monetary incentive to attract men and women to...

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