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DaCOSTA v. LAIRD

No. 216, Docket 72-1743.

471 F.2d 1146 (1973)

Ernest DaCOSTA, Appellant, v. Melvin LAIRD, Individually and as Secretary of Defense, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided January 17, 1973.

Attorney(s) appearing for the Case

Burt Neuborne, New York City (Leon Friedman, New York Civil Liberties Union, New York City, on the brief), for appellant.

James D. Porter, Jr., Asst. U. S. Atty., E. D. New York (Robert A. Morse, U. S. Atty., L. Kevin Sheridan and Cyril Hyman, Asst. U. S. Attys., E. D. New York, on the brief), for appellee.

Before KAUFMAN, ANDERSON and OAKES, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We are called upon to decide the very specific question whether the Secretary of Defense, the Secretaries of the Army, Navy and Air Force, and the Commander of American military forces in Vietnam,1 may implement the directive of the President of the United States, announced on May 8, 1972, ordering the mining of the ports and harbors of North Vietnam and the continuation of air and naval strikes against...

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