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McCAREY v. McNAMARA

Nos. 16701, 16702.

390 F.2d 601 (1968)

John F. McCAREY, as Administrator of the Estate of Bernard J. Gerner, Deceased, as Commander of the United Veterans Council of Philadelphia, and in His Own Right and Margaret Gerner, Widow, in Her Own Right, Appellants, v. Robert McNAMARA, Secretary of Defense, Stanley R. Resor, Secretary of the Army, Colonel C. A. Shaunesey, Jr., Chief of Support Services, Colonel James Mac Farland, Chief of Memorial Division, Office of Support Services and Chester E. Goodwin, Chief of National Cemeteries.

United States Court of Appeals Third Circuit.

Decided February 15, 1968.

Attorney(s) appearing for the Case

John D. Shein, Philadelphia, for appellants.

Daniel Joseph, Civil Div., Appellate Section, Dept. of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Morton Hollander, Robert V. Zener, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before HASTIE, Chief Judge, GANEY, Circuit Judge, and WEINER, District Judge.

OPINION OF THE COURT

PER CURIAM.

This action in the nature of mandamus against the Secretary of Defense under Section 1361 of Title 28, United States Code, arises out of the dissatisfaction of war veterans and survivors of deceased veterans with the failure of the Congress and the Department of Defense to provide National Cemeteries with sufficient space and so located that any qualified veteran can be buried in a National Cemetery near his home. More precisely...

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