Bernstein v. Herren

RYAN, District Judge.

Plaintiffs and defendant have both moved for summary judgment. Plaintiffs are soldiers of the United States Army presently stationed at Fort Dix, New Jersey, and in the service following induction under the Universal Military Training Act of 1950, 50 U.S.C.A. Appendix, § 451 et seq. The defendant, Lieutenant General, is the Commanding General of the First Army area, within which Fort Dix is located.

This suit was filed under Section 2201, Title 28 U.S.C.A., for a declaratory judgment; jurisdiction is alleged under the Constitution and the Universal Military Training Act of…