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Judge Delays Action on Ex-Reservist’s Lawsuit

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From Associated Press

The government has agreed that an Army captain will not have to report for duty today for an assignment to Iraq while the military decides whether to approve his June resignation application.

Jay Ferriola, 31, appeared Sunday before U.S. District Judge Robert Sweet, who agreed to delay action until next Monday on a suit Ferriola filed against the government Friday.

Saturday, Assistant U.S. Atty. Judd Lawler asked Sweet to delay the case until the Army took action on Ferriola’s resignation letter. Lawler said the government agreed Ferriola is not required to report for duty today, as he had been directed.

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Ferriola, of New York, finished eight years in the Army and Army Reserve in February. He said he was told after submitting his resignation to no longer report for drills. Last week, he received an order to report today to be assigned to duty in Iraq.

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