ATLEE v. LAIRD

Civ. A. Nos. 71-2324, 72-891.

347 F.Supp. 689 (1972)

John S. ATLEE et al. v. Melvin LAIRD, Individually and as Secretary of Defense, et al. Fred R. BERNATH et al. v. Richard M. NIXON, Individually and as President of the United States, et al.

United States District Court, E. D. Pennsylvania.

Dissenting Opinion August 21, 1972.


Attorney(s) appearing for the Case

David Kairys, David Rudovsky, Kairys & Rudovsky, Philadelphia, Pa., Victor Rabinowitz, Michael Krinsky, Rabinowitz, Boudin & Standard, New York City, Jack Wysoker, Perth Amboy, N. J., for plaintiffs.

Louis C. Bechtle, U. S. Atty., Carl J. Melone, Warren D. Mulloy, John T. Thorn, Asst. U. S. Attys., Philadelphia, Pa., Harlington Wood, Jr., Asst. Atty. Gen., Harland F. Leathers, G. Michael Fenner, Dept. of Justice, Washington, D. C., for defendants.

Harold E. Kohn, Stuart H. Savett, Donald L. Weinberg, Philadelphia, Pa., for intervenor plaintiffs.

Before ADAMS, Circuit Judge, LORD, III, Chief District Judge, and HUYETT, District Judge.


ADAMS, Circuit Judge.

Historically, the power of the federal courts to adjudicate disputes has been delimited by constitutional and legislative constraints, such as the "case or controversy" test set forth in the Constitution and the "amount in controversy" standard established by Congress. In addition, there have been restraints developed by the courts themselves, such as the "political question" doctrine.

This case places before us the issue whether the...

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