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SILVERMAN v. MIDDENDORF

No. 76 Civ. 2708.

422 F.Supp. 471 (1976)

Frederick W. SILVERMAN, Plaintiff, v. J. William MIDDENDORF, II, Secretary of the Navy, and Commanding Officer, Bureau of Medicine and Surgery, United States Navy, Defendants.

United States District Court, S. D. New York.

November 8, 1976.

Attorney(s) appearing for the Case

Kunstler & Hyman, New York City, for plaintiff; Steven J. Hyman, Michael J. Kunstler, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendants; Gary G. Cooper, Louis G. Corsi, Asst. U. S. Attys., New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiff, Frederick W. Silverman, moves pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction enjoining the defendants, J. William Middendorf, II, Secretary of the Navy, and Commanding Officer, Bureau of Medicine and Surgery, United States Navy, from ordering him to active duty in the United States Navy. Plaintiff contends that the Navy seeks to call him to active duty more than 6½...

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