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LUFTIG v. McNAMARA

No. 20129.

373 F.2d 664 (1967)

Robert LUFTIG, Appellant, v. Robert S. McNAMARA, Secretary of Defense et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1967.

Attorney(s) appearing for the Case

Mr. Stanley Faulkner, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mrs. Selma W. Samols, Washington, D. C., was on the brief, for appellant.

Mr. Richard S. Salzman, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David G. Bress, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellees.

Before WILBUR K. MILLER, Senior Circuit Judge, BURGER, Circuit Judge, and COFFIN, Circuit Judge of the United States Court of Appeals for the First Circuit.

PER CURIAM:

This is an appeal from dismissal of a suit for declaratory judgment and injunctive relief brought by Appellant, a private in the Army of the United States, to enjoin the Secretary of Defense and the Secretary of the Army from sending him to Viet Nam. He claims that American military action in Viet Nam is unconstitutional and illegal and that Appellees have no lawful authority to assign him there.1 Appellant does not challenge...

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