HOLTZMAN v. SCHLESINGER

No. 1132, Docket 73-2094.

484 F.2d 1307 (1973)

Elizabeth HOLTZMAN, Individually and in her capacity as a member of the United States House of Representatives, et al., Plaintiffs-Appellees, v. James R. SCHLESINGER, Individually and as Secretary of Defense, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 8, 1973.


Attorney(s) appearing for the Case

Burt Neuborne, New York City (Leon Friedman, American Civil Liberties Union, New York City, Norman Siegel and Paul G. Chevigny, New York Civil Liberties Union, New York City, of counsel), for plaintiffs-appellees.

James Dunlop Porter, Jr., Asst. U.S. Atty., Chief, Civil Div., Brooklyn, N.Y. (Robert A. Morse, U.S. Atty., E.D.N.Y.), for defendants-appellants.

Eric M. Lieberman, New York City (Michael Krinsky, New York City, of counsel), for Parren J. Mitchell, and others, as amici curiae.

Joseph F. McDonald, New York City, for The Lawyers Committee to End the War and Certain Individuals as amici curiae.

Before MULLIGAN, OAKES and TIMBERS, Circuit Judges.


MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court, Eastern District of New York, Hon. Orrin G. Judd, District Judge, dated July 25, 1973, 361 F.Supp. 553, granting plaintiffs' motion for summary judgment and providing both declaratory and injunctive relief. The judgment declared that "there is no existing Congressional authority to order military forces into combat in Cambodia or to...

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