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MOTTOLA v. NIXON

No. 26662.

464 F.2d 178 (1972)

Gary F. MOTTOLA, a citizen of the United States, and a member of the United States Air Force Reserves, et al., Plaintiffs-Appellees, v. Richard M. NIXON, President of the United States, and Melvin Laird, Secretary of Defense, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

July 13, 1972.

Attorney(s) appearing for the Case

Brian B. Denton, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for defendants-appellants.

Robert M. O'Neill (argued), Berkeley, Cal., Gary F. Mottola, in pro. per., Irving M. Gross, in pro. per., James R. Schwartz, in pro. per., for plaintiffs-appellees.

Peter J. Donnici (argued), San Francisco, Cal., Lawrence R. Velvel, Lawrence, Kan., Anthony D'Amato, Chicago, Ill., amicus curiae for Constitutional Lawyers Comm. on Undeclared War.

Before ELY, TRASK and CHOY, Circuit Judges.

TRASK, Circuit Judge:

The government brings this appeal under 28 U.S.C. § 1292(b) from an interlocutory order of the district court, 318 F.Supp. 538, denying the government's motion seeking dismissal of plaintiffs' action on the grounds that the plaintiffs lack standing, that their action is barred by the doctrine of sovereign immunity and that the action presents a non-justiciable political question. We have concluded that...

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