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PATTON v. DOLE

No. 1657, Docket 86-6124.

806 F.2d 24 (1986)

Richard Thomas PATTON, Plaintiff-Appellant, v. Elizabeth DOLE, Secretary of Transportation, Admiral Thomas King, Superintendent of the United States Merchant Marine Academy, Casper Weinberger, Secretary of Defense, John Lehman, Secretary of the Navy, United States Merchant Marine Academy and the United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Robert W. Nishman, Mineola, N.Y., for plaintiff-appellant.

Robin Greenwald, Brooklyn, N.Y., Atty. in Charge (Andrew J. Maloney, U.S. Atty., of counsel), for defendants-appellees.

Before PRATT and MINER, Circuit Judges, and RE, Chief Judge of the United States Court of International Trade, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Both statute and implementing regulations relevant to this appeal require a midshipman at the United States Merchant Marine Academy at Kings Point, New York (the "academy"), who resigns after having attended the academy "for not less than 2 years", to go on active duty in the United States Navy. The statutory language is incorporated into the service obligation agreement the midshipman must execute upon entering the academy; both use...

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