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LUFTIG v. McNAMARA

Civ. A. No. 712-66.

252 F.Supp. 819 (1966)

Robert LUFTIG, Plaintiff, v. Robert S. McNAMARA et al., Defendants.

United States District Court District of Columbia.

April 5, 1966.

Attorney(s) appearing for the Case

Selma W. Samols, Washington, D. C., and Stanley Faulkner, New York City, for plaintiff.

Joseph M. Hannon, Asst. U. S. Atty. for District of Columbia, Washington, D. C., for defendants.

HOLTZOFF, District Judge.

This is an action by a member of the United States Army against the Secretary of Defense and the Secretary of the Army to enjoin them from ordering him to proceed to Vietnam or to its immediate area to engage in the war in Vietnam. Before the Court at this time is a motion for a preliminary injunction.

Basically the underlying question is whether the Courts have any power to enjoin the Commander in Chief of the Army and Navy of the...

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