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DaCOSTA v. LAIRD

No. 189, Docket 71-1724.

448 F.2d 1368 (1971)

Ernest DaCOSTA, Plaintiff-Appellant, v. Melvin LAIRD, individually, and as Secretary of Defense of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 1, 1971.

Attorney(s) appearing for the Case

Leon Friedman, New York City (Burt Neuborne, New York Civil Liberties Union, and Norman Dorsen, New York University Law School, New York City, on the brief), for appellant.

Edward R. Korman, Asst. U. S. Atty., Eastern District of New York (Robert A. Morse, U. S. Atty., David G. Trager and James D. Porter, Jr., Asst. U. S. Attys., Eastern District of New York, on the brief), for appellees.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

PER CURIAM:

The plaintiff-appellant was drafted into the U. S. Army on December 3, 1970 for a two year period of service. After completing infantry training, he received orders to report for assignment to Vietnam. On July 23, 1971, he brought this action in the district court to prevent the defendants from enforcing the orders on the ground that they lacked authority to issue them. The plaintiff claimed that because Congress had never declared war against North Vietnam...

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