ORLANDO v. LAIRD

No. 70 C 745.

317 F.Supp. 1013 (1970)

Salvatore ORLANDO, Plaintiff, v. Melvin LAIRD et al., Defendants.

United States District Court, E. D. New York.

July 1, 1970.


Attorney(s) appearing for the Case

Alfred Lawrence Toombs, Peter Weiss, New York City, Lawrence R. Velvel, Lawrence, Kan., and Leon Friedman, Mineola, N. Y. (Kunstler, Kunstler & Hyman, Burt Neuborne, Steven J. Hyman, New York City, of counsel) for plaintiff.

Norman Dorsen, New York City, submitted a brief, amicus curiae, on behalf of a group of lawyers and law teachers as amici curiae.

Melvin L. Wulf, New York City, Leon Friedman, Mineola, N. Y., and Burt Neuborne, New York City (Kay Ellen Hayes, New York City, of counsel), submitted a brief, amicus curiae, for American Civil Liberties Union.

Robert A. Morse, Brooklyn, N. Y. (Edward R. Neaher, U. S. Atty., James D. Porter, Jr., New York City, Cyril Hyman, Howard E. Babbush, Brooklyn, N. Y., Edward R. Korman, and Robert Rosenthal, New York City, of counsel), for defendants.


MEMORANDUM INCORPORATING FINDINGS OF FACT AND ORDER DENYING INJUNCTION

DOOLING, District Judge.

Plaintiff, on June 11, 1970, commenced this action against the Secretary of Defense and the Secretary of the Army praying (a) a declaration that the defendants are without authority to order plaintiff to Indochina, (b) an injunction against defendants so ordering him, (c) a declaration that defendants are without authority to order plaintiff to comply with an...

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