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CODY v. SCOTT

No. 83 Civ. 4216 (RO).

565 F.Supp. 1031 (1983)

Robert F. CODY, Plaintiff, v. Willard W. SCOTT, Lt. General, as Superintendent of the United States Military Academy, West Point, New York, et al., Defendants.

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

July 5, 1983.

Attorney(s) appearing for the Case

Cahn, Wishod & Wishod, Melville, N.Y., for plaintiff; Richard C. Cahn, Melville, N.Y., of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., U.S. Atty.'s Office, New York City, for defendant; Frederick M. Lawrence, Asst. U.S. Atty., New York City, of counsel.

OPINION AND ORDER

OWEN, District Judge.

Plaintiff Robert F. Cody, a fourth-year cadet at the United States Military Academy, West Point, New York, commenced this action to stay his separation from the Academy as a consequence of certain events described hereafter. Before me are cross-motions for summary judgment by plaintiff and defendants Lt. General Willard W. Scott, the Superintendent of the Academy and John O. Marsh, Jr., the Secretary of the Army.<...

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