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NEAL v. SECRETARY OF NAVY

Civ. A. No. 76-3326.

472 F.Supp. 763 (1979)

Joseph S. NEAL v. SECRETARY OF the NAVY and Commandant of the Marine Corps.

United States District Court, E. D. Pennsylvania.

June 21, 1979.

Attorney(s) appearing for the Case

Harvey L. Anderson, Philadelphia, Pa., for plaintiff.

Lt. Gary J. Elkins, JAGC, Dept. of the Navy, Washington, D. C., Joseph M. Gontram, Asst. U. S. Atty. (E.D.Pa.), Philadelphia, Pa., for defendant.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

This case, arising in a military setting, raises a number of interesting questions of federal jurisdiction and of administrative and constitutional law as respects the "right" of a serviceman to reenlist in the armed forces. Plaintiff Joseph S. Neal ("Neal") is a former gunnery sergeant in the United States Marine Corps who, at the time of his discharge, had served...

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