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To: Buckeye McFrog
"they are now in a Catch 22 as everyone who does not wish to go to Afghanistan is going to file similar actions"

I don't think that would be wise. The Army dispatched this case in the manner they did because the plaintiff was a non-ob officer who, while serving in the IRR, volunteered to be augmented to active duty to support an active-duty unit that was scheduled for deployment. Essentially, he volunteered for active duty so that he could file this TRO application - at least that's the way the Army viewed.

If another soldier, an active-duty enlisted man or an obligated officer, were to file a similar lawsuit, the Army would have no choice but to litigate it. It would get ugly and I really wouldn't foresee a favorable outcome for the plaintiff.

41 posted on 07/16/2009 10:41:52 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: OldDeckHand
the Army would have no choice but to litigate it.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Wouldn't that mean that Obama would need to disclose his birth certificate if there is one?

128 posted on 07/16/2009 2:24:28 PM PDT by wintertime (People are not stupid! Good ideas win!)
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