HOLMES v. LAIRD

No. 71-1518.

459 F.2d 1211 (1972)

Nathaniel HOLMES et al., Appellants, v. Melvin LAIRD, as Secretary of the United States Department of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1972.


Attorney(s) appearing for the Case

Messrs. Nathaniel R. Jones, New York City, of the bar of the Supreme Court of Ohio, and James I. Meyerson, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. J. Francis Pohlhaus, Washington, D. C., was on the brief, for appellants.

Mr. Robert E. Kopp, Atty., Dept. of Justice, with whom Mr. L. Patrick Gray, III, Asst. Atty. Gen., Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Walter H. Fleischer, Atty., Dept. of Justice, were on the brief, for appellees.

Mr. Frank D. Reeves, Washington, D. C., was on the brief for the National Conference of Black Lawyers, as amicus curiae.

Before ROBINSON and MacKINNON, Circuit Judges, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This appeal presents for resolution an issue of potential concern to American servicemen stationed within the territories of our allies under the North Atlantic Treaty,1 and similarly to the many others assigned to military outposts in other parts of the world. The question is whether a court of the United States is empowered to entertain a claim of illegality in the conviction of two American...

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