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Reactivated Army Captain sues to block Iraq deployment

[JURIST] A US Army captain has filed a lawsuit in US District Court in Manhattan to block his upcoming deployment to Iraq. Jay J. Ferriola claims in court papers filed Friday that Secretary of Defense Donald Rumsfeld unlawfully seeks to retain his services in the Army after he resigned in June following eight years enlistment. The so-called stop loss enlistment extensions Ferriola is challenging have been the target of legal challenges in the past. Ferriola, a New York resident, received news this week that he was to report Monday for active duty with the 306th Military Police Battalion for a 18-month mission in Iraq. The lawsuit claims that Ferriola never received an official response to his request for resignation and asks the court to approve the resignation. An emergency hearing is schedule for 4PM ET Sunday. AP has more here.

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