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ABLE v. U.S.

No. CV 94-0974.

863 F.Supp. 112 (1994)

Lieutenant Colonel Jane ABLE, Petty Officer Robert Heigle, First Lieutenant Kenneth Osborn, Sergeant Steven Spencer, Lieutenant Richard Von Wohld, and Seaman Werner Zehr, Plaintiffs, v. UNITED STATES of America, and William J. Perry, Secretary of Defense, in his official capacity, Defendants.

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

September 22, 1994.

Attorney(s) appearing for the Case

Sullivan & Cromwell (David H. Braff, Michael Lacovara, Penny Shane, Julie B. Crockett, Eulalia Mack, of counsel), American Civil Liberties Union Foundation (Ruth E. Harlow, William B. Rubenstein, Marc E. Elovitz, of counsel), Lambda Legal Defense & Educ. Fund (Evan Wolfson, Beatrice Dohrn, of counsel), New York City, for plaintiffs.

Department of Justice (Richard G. Lepley, Vincent M. Garvey, of counsel), Department of Army (Captain Tara O. Hawk, Office of the Judge Advocate General, of counsel), Washington, DC, Zachary W. Carter, U.S. Atty. (Charles S. Kleinberg, of counsel), Brooklyn, for defendants.

MEMORANDUM AND ORDER

NICKERSON, District Judge:

Plaintiffs, six members of the United States Armed Services (the Services) alleging they are homosexual, brought this action against the United States and the Secretary of Defense for (a) a declaration that Section 571 of the National Defense Authorization Act for the Fiscal Year 1994 (the Act), 10 U.S.C. § 654, concerning the Service's policy as to homosexuals, and Regulations issued under the Act, are...

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