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MITCHELL v. LAIRD

No. 71-1510.

488 F.2d 611 (1973)

The Honorable Parren J. MITCHELL et al., Appellants, v. Melvin R. LAIRD et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1973.

Rehearing Denied June 21, 1973.

Attorney(s) appearing for the Case

Lawrence R. Velvel, Washington, D. C., with whom Stefan Tucker and Christopher Sanger, Washington, D. C., were on the brief, for appellants.

Gregory Brady, Asst. U. S. Atty. with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Michael A. Katz, Asst. U. S. Attys. and Hermine Herta Meyer, Atty., Dept. of Justice, were on the brief, for appellees. Thomas A. Flannery, U. S. Atty. at the time the record was filed and Walter H. Fleischer, Atty., Dept. of Justice, also entered appearances for appellees.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.

Rehearing En Banc Denied June 21, 1973.

WYZANSKI, Senior District Judge:

April 7, 1971 thirteen members of the United States House of Representatives, as plaintiffs, filed in the District Court a complaint against the President of the United States, the Secretaries of State, Defense, Army, Navy, and Air Force, and the United States of America. Plaintiffs alleged that for seven years the United States, by the named...

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