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HOLTZMAN v. SCHLESINGER

No. 73-C-537.

361 F.Supp. 553 (1973)

Elizabeth HOLTZMAN, Individually and in her capacity as a member of the United States House of Representatives, et al., Plaintiffs, v. James R. SCHLESINGER, Individually and as Secretary of Defense, et al., Defendants.

United States District Court, E. D. New York.

July 25, 1973.

Attorney(s) appearing for the Case

Neuborne & Friedman, New York City by Burt Neuborne, Leon Friedman, New York City, of counsel, for plaintiffs.

Robert A. Morse, U. S. Atty., E. D. N. Y., by James D. Porter, Jr., Brooklyn, N. Y., Cyril Hyman, Asst. U. S. Attys., New York City, of counsel, for defendants.

Earle K. Moore, New York City, for Council for Christian Social Action of the United Church of Christ, and others, amici curiae.

Rabinowitz, Boudin & Standard, New York City, for Congressman Parren J. Mitchell and others, amici curiae by Michael Krinsky and Eric Lieberman, New York City, of counsel.

MEMORANDUM AND ORDER

JUDD, District Judge.

Plaintiffs seek a determination that the President of the United States and the military personnel under his direction and control may not engage in intensive combat operations in Cambodia and elsewhere in Indochina in the absence of Congressional authorization required under Article I, § 8, Clause 11 of the Constitution. The case is before the court on plaintiffs' motion for summary judgment for lack of genuine...

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