FLYNN v. RUSK

Civ. A. Nos. 3886-62, 3478-62.

219 F.Supp. 709 (1963)

Elizabeth Gurley FLYNN v. Dean RUSK, Secretary of State. Herbert Eugene APTHEKER v. Dean RUSK, Secretary of State.

United States District Court District of Columbia.

July 12, 1963.


Attorney(s) appearing for the Case

Joseph Forer, Washington, D. C., and John J. Abt, New York City, of the Bar of the State of New York, pro hac vice, by special leave of Court, for plaintiffs.

Benjamin C. Flannagan, Atty., Dept. of Justice, with whom J. Walter Yeagley, Asst. Atty. Gen., and Oran H. Waterman, Atty., Dept. of Justice, were on the brief, for defendant.

Before BURGER, Circuit Judge, and HART and WALSH, District Judges.


On April 30, 1963, upon application of each plaintiff and agreement of the Government and after motion to convene a three-judge court was heard and granted, this Court was appointed to hear the question of the constitutional validity of section 6 of the Subversive Activities Control Act of 1950, 64 Stat. 993, 50 U.S.C. § 785, as applied to the facts of the cases at bar.

The plaintiff Elizabeth Gurley Flynn filed suit on November 6, 1962, and the plaintiff Herbert...

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