Miller v. Claytor

MEMORANDUM OF DECISION

INGRAM, District Judge.

Plaintiff and defendants filed cross motions for summary judgment in this action. Upon consideration of the written authorities and oral argument heard on November 3, 1978, it is the opinion of this Court that summary judgment be granted for plaintiff, and that the action be remanded to the Community Essentiality Board, Bureau of Naval Personnel, for further consideration consistent with the views expressed herein.

Plaintiff, a cardiovascular surgeon commissioned in the United States Navy Reserve in 1972, has by his voluntary requests been…