PAULING v. McELROY

Nos. 14742, 14743.

278 F.2d 252 (1960)

Linus C. PAULING et al., Appellants v. Neil H. McELROY, Secretary of Defense, and John A. McCone, Chairman of the Atomic Energy Commission, et al., Appellees. Dwight HEINE et al., Appellants v. Neil H. McELROY, Secretary of Defense, and John A. McCone, Chairman of the Atomic Energy Commission, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 12, 1960.


Attorney(s) appearing for the Case

Mr. Francis Heisler, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, and Mr. A. L. Wirin, Los Angeles, Cal., with whom Mr. James T. Wright, Washington, D. C., was on the brief, for appellants.

Mr. Donald B. MacGuineas, Attorney, Department of Justice, with whom George Cochran Doub and Mr. Samuel D. Slade, Attorney, Department of Justice, were on the brief, for appellees.

Before BAZELON, BASTIAN and BURGER, Circuit Judges.


PER CURIAM.

The appellants, 39 individuals,1 sought an injunction in the District Court to restrain the Secretary of Defense, the Atomic Energy Commission and others from detonating any nuclear weapons which might produce radiation or radioactive atomic nuclei; also sought are declaratory judgments that nuclear weapons tests are illegal and damages for injuries sustained by some of the appellants.2 The restraints...

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