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DALY v. CLAYTOR

Civ. A. No. 78-1044-T.

472 F.Supp. 752 (1979)

John S. F. DALY, Petitioner, v. W. Graham CLAYTOR, Jr., et al., Respondents.

United States District Court, D. Massachusetts.

June 19, 1979.

Attorney(s) appearing for the Case

Edward F. Haber, Boston, Mass., for petitioner.

Anna R. Tretter, Asst. U. S. Atty., Boston, Mass., for respondents.

OPINION

TAURO, District Judge.

Petitioner is a physician who accepted a Navy commission in January 1971 under a program that permitted him to defer two years of active duty until he completed his specialized residency training.1 Shortly before the end of his residency, petitioner was notified by letter that he was scheduled to come on active duty soon after completion of his training. He responded by submitting

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