Smith v. COMMANDING OFFICER, 1ST BATTALIAN, 23D MAR., ETC.

MEMORANDUM AND ORDER:

HANNAY, District Judge.

I

Petitioners, reservists in the United States Marine Corps, soon face Annual Training Duty with that component of the armed forces and seek federal equity relief against a Marine regulation that forbids the use of short-hair wigs during that two-week period of constant military duty.

Although federal courts are properly reluctant to interpose in matters that are legitimate to the military function, Reaves v. Ainsworth, 219 U.S. 296, 31 S.Ct. 230, 55 L.Ed. 225, this Court is not prepared at this time to hold that Petitioners’ contention is frivolous…