VELVEL v. NIXON

No. 158-68.

415 F.2d 236 (1969)

Lawrence R. VELVEL, on behalf of himself and all others similarly situated within the United States Judicial District of Kansas, Appellant, v. Richard M. NIXON, President; William Rogers, Secretary of State; and Melvin Laird, Secretary of Defense, Appellees.

United States Court of Appeals Tenth Circuit.

August 11, 1969.


Attorney(s) appearing for the Case

Lawrence R. Velvel, Lawrence, Kansas, pro se.

Robert V. Zener, Atty., Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., and Benjamin F. Franklin, U. S. Atty., Topeka, Kan., on the brief), for appellees.

Before HILL, TUTTLE and HOLLOWAY, United States Circuit Judges.


HILL, Circuit Judge.

Appellant, a professor of constitutional law, instituted this action as a citizen and taxpayer against the President and certain members of his Cabinet, requesting a declaratory judgment proclaiming that the present military conflict in Vietnam is unconstitutional absent a congressional declaration of war. Alternatively, and if there were no hopes for peace at the time of the court decision, appellant also sought an order enjoining further activity...

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