No. 90-81-CIV-3-H.

747 F.Supp. 1160 (1990)

Rigoberto GUERRA, Jr., Plaintiff, v. Hugh F. SCRUGGS, et al., Defendants.

United States District Court, E.D. North Carolina, Fayetteville Division.

September 27, 1990.

Attorney(s) appearing for the Case

Mark L. Waple, Hutchens & Waple, Fayetteville, N.C., for plaintiff.

LTC Mark A. Steinbeck and Captain Raymond J. Jennings, Office of the Judge Advocate, Dept. of the Army, Washington, D.C., for defendants.

MALCOLM J. HOWARD, District Judge.

This matter is before the court on plaintiff's motion for a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P. Plaintiff instituted the present action by a complaint filed on August 15, 1990, in which he seeks injunctive and declaratory relief to prevent his early discharge from active duty with the United States Army for testing positive on a urinalysis test and for failing to attend a P.T. formation due to alleged alcohol...

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