Legal Opinion

Conte v. Department of the Navy

District Court, D. New Jersey

Decided January 25, 1991No. Civ. A. No. 91-194Published

1Opinion of the Court

OPINION

WOLIN, District Judge.

Plaintiff Stephen J. Conte, a radiologist and a Captain in the Medical Corps of the *203United States Naval Reserve, requests that this Court preliminarily enjoin the United States Navy from assigning him to serve as a radiologist in the Persian Gulf. Plaintiffs motion will be denied.

I. BACKGROUND

On August 22, 1990, President Bush authorized the Secretary of Defense “to order to active duty units and individual members not assigned to units, of the Selected Reserve.” Executive Order 12727 of August 22,1990, “Ordering the Selected Reserve of the Armed Forces to Active…

2Cases cited13 opinions

  1. Ingraham v. WrightSupreme Court of the United States · 1977
  2. Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
  3. Chappell v. WallaceSupreme Court of the United States · 1983
  4. Orloff v. WilloughbySupreme Court of the United States · 1953
  5. Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969

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