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GENGLER v. U.S. EX REL. DEPT. OF DEFENSE AND NAVY

No. 1:06CV00362 OWWLJO.

463 F.Supp.2d 1085 (2006)

Lt. Cmdr. Richard T. GENGLER and Lt. Cmdr. Daniel S. McSeveney, Petitioners, v. UNITED STATES of America through its DEPARTMENT OF DEFENSE AND NAVY; and Secretary Donald C. Winter, Respondents.

United States District Court, E.D. California.

November 3, 2006.

Attorney(s) appearing for the Case

Timothy Ross Lord, Lewis Brisbois Bisgaard & Smith LLP, San Francisco, CA, Jeffrey Bruce Stoltz, Lewis Brisbois Bisgaard and Smith, Los Angeles, CA, Charles D. Weisselberg, University of California, School of Law, Berkeley, CA, for Petitioners.

Kimberly Anne Gaab, CV, Kristi Culver Kapetan, CV, United States Attorneys, Fresno, CA, for Respondents.

MEMORANDUM DECISION AND ORDER DENYING UNITED STATES' MOTION TO DISMISS (DOC. 78), ADDRESSING VARIOUS PROCEDURAL MOTIONS (DOCS. 53 & 54), AND SETTING FURTHER SCHEDULING CONFERENCE

WANGER, District Judge.

I. INTRODUCTION

Before the court for decision are numerous motions in this habeas case concerning the military service obligations of Petitioners, Lieutenant Commander Richard T. Gengler and Lieutenant Commander Daniel S. McSeveney...

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