KLOTZBACH v. CALLAWAY

No. Civ-74-366.

473 F.Supp. 1337 (1979)

George J. KLOTZBACH, Plaintiff, v. Howard H. CALLAWAY, Major General LaVern E. Weber, Major General John C. Baker, Charles J. McClure, Joseph N. Apicella, Herman J. Kuhn, Charles S. Schumacker, Joseph L. Ferreira and Howard P. Nadeau, Defendants.

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

August 10, 1979.


Attorney(s) appearing for the Case

Victor Alan Oliveri, Buffalo, N. Y., for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (Theodore J. Burns and Jack S. Penca, Asst. U. S. Attys., Buffalo, N. Y., of counsel), for defendants.


CURTIN, District Judge.

This is an action attacking the constitutionality of a National Guard regulation requiring technicians to wear a military uniform and conform to grooming requirements. The case was tried by the court sitting without a jury based on stipulated facts and trial record. What follows is the court's findings of fact and conclusions of law made pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

Briefly stated, the plaintiff was...

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