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SCHUSTACK v. HERREN

No. 277, Docket 23951.

234 F.2d 134 (1956)

Robert E. SCHUSTACK, Plaintiff-Appellant, v. Lt. General Thomas W. HERREN, United States Army, Individually and as Commanding General, First Army, Lt. Col. Donald K. Hughes, United States Army, Individually and as President of the First Army Field Board of Inquiry, Lt. Col. Joe E. Starns, United States Army Reserve, and Lt. Col. Emil Simmons, United States Army Reserve, Individually and as members of the First Army Board of Inquiry, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 1, 1956.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Friedman, New York City, David I. Shapiro and Harold Friedman, New York City, of counsel, for plaintiff-appellant.

Paul W. Williams, U. S. Atty., for Southern Dist. of New York, Harold J. Raby, Asst. U. S. Atty., Arthur B. Kramer, Asst. U. S. Atty., New York City, for defendants-appellees.

Before FRANK, LUMBARD and WATERMAN, Circuit Judges.

FRANK, Circuit Judge.

The facts in this case are amply set out in Judge Sugarman's opinion, reported at 136 F.Supp. 850, and we need not repeat them here.

1. No one can reasonably doubt that the Army has the power to discharge without a hearing and without assigning any reason; such power is indispensable to the effective management of the armed services and to the national defense; and with the exercise of that power...

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