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MACK v. RUMSFELD

No. CIV-76-22C.

609 F.Supp. 1561 (1985)

Carlene MACK, Individually and on behalf of all other persons similarly situated; Shirley Stukes; Patricia Ramsure; Queen Esther Taylor; Thelma Barnes; Maxine McNeill; and Trina Lewis, Intervenor, Plaintiffs, v. Donald RUMSFELD, Individually and in his official capacity as Secretary of Defense; Martin R. Hoffmann, Individually and in his official capacity as Secretary of the United States Army, Defendants.

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

June 5, 1985.

Attorney(s) appearing for the Case

National Center on Women & Family Law, New York City (Phyllis Gelman, New York City, of counsel), Greater Upstate Law Project, New York City (James I. Meyerson, New York City, of counsel), and American Civil Liberties Union of Ohio Foundation, Columbus, Ohio (Bruce A. Campbell, Columbus, Ohio, of counsel), for plaintiffs.

United States Army, Office of the Judge Advocate Gen., Litigation Div., Washington, D.C. (Lt. Colonel Joyce Peters, Washington, D.C., of counsel), United States Air Force, Office of the Judge Advocate Gen., General Litigation Div., Washington, D.C. (Lt. Colonel Guy Sternal, Washington, D.C., of counsel), and Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y. (Kathleen Mehltretter, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for defendants.

CURTIN, Chief Judge.

Plaintiffs challenge the policy of the Army, Army Reserve, Air Force, and Air Force Reserve which prohibits the enlistment, with rare exceptions, of single parents with children under 18 years old. They contend that it violates their rights under the fifth amendment. This case was certified as a class action on June 20, 1977. The named plaintiffs represent the class of

women applicants who have been or are being denied admittance into...

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