CARLSON v. SCHLESINGER

No. 73-2170.

511 F.2d 1327 (1975)

James Edward CARLSON et al. v. James R. SCHLESINGER, Secretary of Defense, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1975.

Rehearing and Rehearing Denied June 19, 1975.


Attorney(s) appearing for the Case

Robert S. Greenspan, Atty., Dept. of Justice, of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court for appellants. Carla A. Hills, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Robert E. Kopp, Atty., U. S. Dept. of Justice, were on the briefs for appellants. Harold H. Titus, Jr., U. S. Atty., at the time the record was filed, and Michael A. Katz, Asst. U. S. Atty., entered appearances for appellants.

Joel M. Gora, New York City, with whom Melvin L. Wulf, New York City, and David Addlestone, Washington, D. C., were on the brief for appellees.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and RICHEY, United States District Judge for the District of Columbia.


Rehearing and Rehearing En Banc Denied June 19, 1975.

Opinion for the Court filed by Circuit Judge TAMM.

Dissenting opinion filed by Chief Judge BAZELON.

TAMM, Circuit Judge:

Plaintiffs-appellees James Carlson, Richard Randig, and William Daniels, Jr., former servicemen who were stationed in Vietnam during the period of United States combat operations there, brought suit in district court for declaratory and equitable relief. They alleged:...

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