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PAULING v. McNAMARA

No. 17797.

331 F.2d 796 (1963)

Linus C. PAULING et al., Appellants, v. Robert S. McNAMARA et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 23, 1963.

Petition for Rehearing Denied January 23, 1964.

Certiorari Denied May 18, 1964.

Attorney(s) appearing for the Case

Mr. Francis Heisler, Chicago, Ill., with whom Mr. Oliver Ellis Stone, Washington, D. C., was on the brief, for appellants.

Mr. John C. Eldridge, Attorney, Department of Justice, for appellees. Asst. Atty. Gen. John W. Douglas, Messrs. David C. Acheson, U. S. Atty., Sherman L. Cohn and David J. McCarthy, Jr., Attorneys, Department of Justice, were on the brief for appellees. Mr. Morton Hollander, Attorney, Department of Justice, also entered an appearance for appellees.

Miss Marie S. Klooz, Washington, D. C., filed a brief on behalf of Austrian Pacifist Union, et al., as amici curiæ, urging reversal.

Before BAZELON, Chief Judge, and BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied January 23, 1964.

Certiorari Denied May 18, 1964. See 84 S.Ct. 1336.

BURGER, Circuit Judge.

This appeal presents, for the second time in less than three years, an effort to enlist judicial power to stop all nuclear testing, including underground tests.

The complaint1 filed by appellants sought a declaratory judgment to restrain and enjoin the Secretary of Defense and the members...

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