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GOLDSTEIN v. CLIFFORD

Civ. Nos. 732-68, 775-68.

290 F.Supp. 275 (1968)

Norman GOLDSTEIN, Petitioner, v. Clark CLIFFORD, as Secretary of Defense, Harold Brown, as Secretary of the Air Force and Col. Norman F. Herget, as Commanding Officer of the 177th Tactical Fighter Group, Respondents. Erwin B. GOLDBERG and Lyman G. Peyser, Plaintiffs, v. Clark CLIFFORD, as Secretary of Defense, Harold Brown, as Secretary of the Air Force, and Col. Norman F. Herget, as Commanding Officer of 177th Tactical Fighter Group of Air National Guard, Defendants.

United States District Court D. New Jersey.

August 21, 1968.

Attorney(s) appearing for the Case

Faulkner & Schmidt, New York City, William V. Eisenberg, Camden, N. J., for plaintiffs.

David M. Satz, Jr., U. S. Atty., by Kenneth P. Zauber, Asst. U. S. Atty., for defendants.

Before HASTIE, Chief Circuit Judge, KALODNER, Circuit Judge, and COHEN, District Judge.

OPINION

KALODNER, Circuit Judge.

Constitutionality of an Act of Congress empowering the President of the United States, until June 28, 1968, to "order to active duty any unit of the Ready Reserve of an armed force for a period of not to exceed twenty-four months", is challenged in these proceedings instituted by three members of the 177th Tactical Fighter Group, Air National Guard of the United States ("Group").

The Act involved is Section 101(e...

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