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NEW YORK (Reuters) - A U.S. Army Reserves captain who resigned in June after completing his agreed-upon term of service has sued the government for trying to force him to return to active duty for deployment to Iraq.
Jay Ferriola, 31, of New York filed suit in Manhattan federal court on Friday seeking an injunction blocking the Army from enforcing an order returning him to active duty on Monday. The case names Secretary of Defence Donald Rumsfeld and others as defendants.
The suit charges that the Army's order, dated October 8, violates Ferriola's Constitutional rights against "involuntary servitude" and is a breach of his contract with the military. An emergency hearing was set in the matter for Sunday.