O'NEILL v. Dent

BARTELS, District Judge.

In this case we are presented with the serious question of whether the United States Merchant Marine Academy can constitutionally dismiss a cadet because he married in violation of Academy regulations and his agreement with the school. Constitutional issues being involved, it is clear that this Court has jurisdiction, see Wasson v. Trowbridge, 382 F.2d 807 (2d Cir. 1967); Krawez v. Stans, 306 F.Supp. 1230 (E.D.N.Y.1969), and there is no doubt that such jurisdiction exists without the necessity of resorting to a three-judge court, since only an administrative regulation…