Winters v. United States

Full title: Paul V. WINTERS, Jr., Appellant, v. The UNITED STATES of America, Lt…

Court: United States Court of Appeals, Second Circuit

Date published: Feb 21, 1968

390 F.2d 879 (2d Cir. 1968)

Opinion

No. 399, Docket 32095.

Argued February 21, 1968.

Decided February 21, 1968.

Appeal from a judgment of the District Court for the Eastern District of New York, John F. Dooling, Jr., J., in an action by a Marine Corps reservist for a judgment declaring the invalidity of orders assigning him to involuntary active duty for seventeen months, wherein the court declared such orders to be valid.

Moses F. Falk, New York City, for appellant.

Howard L. Stevens, Asst. U.S. Atty. (Joseph P. Hoey, U.S. Atty., Eastern District of New York), for appellees.

Before FRIENDLY and SMITH, Circuit Judges, and GIGNOUX, District Judge.^_

_ Of the District Court of Maine, sitting by designation.

PER CURIAM:

The judgment is affirmed on Judge Dooling's well-reasoned opinion, 281 F. Supp. 289. The stay is vacated and the mandate will issue forthwith.