McDONALD v. McLUCAS

No. 73 Civ. 3190.

371 F.Supp. 831 (1974)

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.

February 13, 1974.


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.

Before TIMBERS, Circuit Judge, and METZNER and BRIEANT, District Judges.


METZNER, District Judge:

This three-judge court was convened pursuant to 28 U.S.C. §§ 2282 and 2284 to consider plaintiffs' challenge to the constitutionality of Sections 555 and 556 of Title 37 of the United States Code which govern the circumstances under which American armed forces personnel missing in action may be declared dead. The opinion granting the convocation of this court is appended hereto.

Plaintiffs seek a declaratory judgment of unconstitutionality...

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