ORNATO v. HOFFMAN

No. 342, Docket 76-6125.

546 F.2d 10 (1976)

Joseph P. ORNATO, Plaintiff-Appellant, v. Martin HOFFMAN, Secretary of the Army and Commanding Officer, Reserve Components Personnel, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 2, 1976.


Attorney(s) appearing for the Case

Steven J. Hyman, New York City (Kunstler & Hyman, New York City, of counsel), for plaintiff-appellant.

Michael H. Dolinger, Asst. U. S. Atty., S. D. N. Y., New York City (Robert B. Fiske, Jr., U. S. Atty. and Gary G. Cooper, Asst. U. S. Atty., S. D. N. Y., New York City, of counsel), for defendants-appellees.

Before FEINBERG, GURFEIN and VAN GRAAFEILAND, Circuit Judges.


GURFEIN, Circuit Judge:

This is an appeal from an order of the Southern District of New York (Goettel, D. J.) denying appellant's motion for a preliminary injunction to prevent the Army from ordering him to active duty.

Joseph Ornato enlisted in the Armed Forces Physicians Appointment and Residency Program, known as the "Berry Plan".1 He was commissioned a first lieutenant in the United States Army Reserve in November 1971...

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