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COMMONWEALTH OF MASSACHUSETTS v. LAIRD

No. 71-1177.

451 F.2d 26 (1971)

COMMONWEALTH OF MASSACHUSETTS et al., Plaintiffs, Appellants, v. Melvin R. LAIRD, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 21, 1971.

Attorney(s) appearing for the Case

Robert J. Condlin, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., Walter H. Mayo, III, and Daniel J. Johnedis, Asst. Atty. Gen., were on brief, for appellants.

William A. Brown, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., and James N. Gabriel, Asst. U. S. Atty., were on brief, for appellee.

David L. Norvell, Atty. Gen., State of New Mexico, on brief pro se, amicus curiae.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The question sought to be raised in this action is whether the United States involvement in Vietnam is unconstitutional, a war not having been declared or ratified by the Congress. Plaintiffs seek a declaration of unconstitutionality and an injunction against the Secretary of Defense barring further orders to duty in Southeast Asia of Massachusetts inhabitants if within ninety days of a decree the Congress has not declared war or otherwise authorized...

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