Legal Opinion

Hickey v. Secretary of Army

District Court, D. Massachusetts

Decided January 13, 1971No. Misc. Civ. No. 70-125-CPublishedCited by 3 opinions

1Opinion of the Court

OPINION

CAFFREY, District Judge.

This is a civil action in which plaintiff, a Private in the United States Army Reserve, seeks declaratory and injunctive relief against respondents, the Secretary of the Army, the Commanding Officer of the 399th Evacuation Hospital Unit, and the Commanding General, First Army. Jurisdiction of this court is invoked under 28 U.S.C.A. § 1331.

The complaint recites that plaintiff has received an order to report for active duty in the Army at Fort Dix, New Jersey, pursuant to the provisions of AR 135-91, on the grounds that, while a member of a reserve component, he…

2Cases cited13 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  3. Orloff v. WilloughbySupreme Court of the United States · 1953
  4. Hannah v. LarcheSupreme Court of the United States · 1960
  5. Burns v. WilsonSupreme Court of the United States · 1953

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3Cited by3 opinions

  1. Robert S. Antonuk v. United States of AmericaCourt of Appeals for the Sixth Circuit · 1971
  2. Richard E. Keister, Jr., Private (E-2) v. The Honorable Stanley Resor, Secretary of the ArmyCourt of Appeals for the Third Circuit · 1972
  3. Rameaka v. KellyDistrict Court, D. Rhode Island · 1972

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