Paul V. WINTERS, Jr., Appellant, v. The UNITED STATES of America, Lt. Colonel Andrew L. Galdi, Commanding Officer, 6th Communication Battalion, Force Troops, FMF, USMCR, and Lt. Colonel David D. Kelley, Jr., Inspector-Instructor, 6th Communication Battalion, Force Troops, FMF, USMCR, Colonel Edwin Shifflett, Director 1st Marine Corps District, Appellees.

No. 399, Docket 32095.United States Court of Appeals, Second Circuit.Argued February 21, 1968.
Decided February 21, 1968.

Appeal from a judgment of the District Court for the Eastern District of New York, John F. Dooling, Jr., J., in an action by a Marine Corps reservist for a judgment declaring the invalidity of orders assigning him to involuntary active duty for seventeen months, wherein the court declared such orders to be valid.

Moses F. Falk, New York City, for appellant.

Howard L. Stevens, Asst. U.S. Atty. (Joseph P. Hoey, U.S. Atty., Eastern District of New York), for appellees.

Before FRIENDLY and SMITH, Circuit Judges, and GIGNOUX, District Judge.[*]

[*] Of the District Court of Maine, sitting by designation.

PER CURIAM:

The judgment is affirmed on Judge Dooling’s well-reasoned opinion, 281 F. Supp. 289. The stay is vacated and the mandate will issue forthwith.

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