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COMMITTEE TO FREE THE FORT DIX 38 v. COLLINS

No. 18231.

429 F.2d 807 (1970)

The COMMITTEE TO FREE THE FORT DIX 38, Saul Schapiro, Grace Paley, William Boyd and Robin Boyd, Individually and on behalf of those Persons and Organizations Similarly Situated, Appellants, v. Major General Kenneth COLLINS, as Commanding Officer of the United States Army Training Center at Fort Dix, and Lt. Col. R. D. Medaugh, as Administrative Officer of the Adjutant General Corps at Fort Dix.

United States Court of Appeals, Third Circuit.

Decided July 13, 1970.

Attorney(s) appearing for the Case

Frank Askin, Newark, N. J., for appellants.

D. William Subin, Asst. U. S. Atty. (Frederick B. Lacey, U. S. Atty., Newark, N. J., on the brief), for appellees.

Before McLAUGHLIN, STALEY and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The vexing problem of the power of civilian courts to review decisions of a military commander concerning actions of civilians within an area under his command has become ever more acute since the historic decision in Ex Parte Milligan, 71 U.S. (4 Wall.) 2, 18 L.Ed. 281 (1866). The present case raises the issue whether a United States District Court has jurisdiction to review the denial by a military commander of...

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