McDONALD v. McLUCAS

No. 73 Civ. 3190.

371 F.Supp. 837 (1973)

Ellen P. McDONALD, et al., Plaintiffs, v. John McLUCAS, Acting Secretary of the Air Force, et al., Defendants.

United States District Court, S. D. New York.

August 6, 1973.


Attorney(s) appearing for the Case

Kaplan, Kilsheimer & Foley, New York City, for plaintiffs; Dermot G. Foley, R. Alan Stotsenburg, New York City, of counsel.

Paul J. Curran, U. S. Atty., S.D.N.Y., Foley Square, N. Y., for defendants; Howard S. Sussman, Naomi L. Reice, Asst. U. S. Attys., of counsel.


METZNER, District Judge.

Plaintiffs seek a preliminary and permanent injunction in this action for a judgment declaring Sections 555 and 556 of Title 37, United States Code, which govern the circumstances under which American servicemen missing in action may be declared dead, unconstitutional as violative of the due process clause of the Fifth Amendment. Jurisdiction is grounded on 28 U.S.C. § 1331.

This suit is being maintained as a class action on behalf...

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