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HARTMANN v. STONE

No. 93-6585.

68 F.3d 973 (1995)

Robert L. HARTMANN; Tambra R. Hartmann; Jeffrey Whitlow; Julie Whitlow; Charles Rhodes; and Bessie Rhodes, Plaintiffs-Appellants, v. Michael P.W. STONE, Secretary, United States Department of the Army; John Miller, Major General, Division and Post Commander, Department of the Army; Richard Holcomb, Major, Chief Family Support Division, Department of the Army; Willa D. Gray, Director, Family Child Care, Department of the Army, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1995.

Attorney(s) appearing for the Case

Michael W. Troutman (briefed), Fowler, Measle & Bell, Lexington, KY, Amy E. Dougherty (argued), The Rutherford Institute of Kentucky, Bluegrass Chapter, Inc., Lexington, KY, for Plaintiffs-Appellants.

David L. Huber, Asst. U.S. Attorney, Office of the U.S. Attorney, Louisville, KY, Michael Jay Singer, U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, Patricia A. Millett (argued and briefed), Department of Justice, Civil Division, Washington, DC, for Defendants-Appellees.

Before: WELLFORD, BOGGS, and SILER, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which SILER, J., joined. WELLFORD, J. (pp. 986-87), delivered a separate concurring opinion.

BOGGS, Circuit Judge.

Robert Hartmann, Tambra Hartmann, Jeffrey Whitlow, Julie Whitlow, Charles Rhodes, and Bessie Rhodes (all of the plaintiffs in this case will be collectively referred to as "Hartmanns") sued the various military Defendants-Appellees (collectively referred to as "the Army") because of restrictions...

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