COMMITTEE FOR GI RIGHTS v. CALLAWAY

No. 74-1285.

518 F.2d 466 (1975)

The COMMITTEE FOR GI RIGHTS et al., Appellees, v. Honorable Howard H. CALLAWAY, Secretary of the Army, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1975.

As Amended September 23, 1975.


Attorney(s) appearing for the Case

David F. Addlestone, Washington, D. C., with whom Susan H. Hewman, Washington, D. C., Joel M. Gora, Melvin L. Wulf, New York City, Arpiar G. Saunders, Washington, D. C., Robert Rivkin, Howard DeNike, San Francisco, Cal., were on the Brief for appellees.

Edwin E. Huddleson, III, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and William Kanter, Atty., Dept. of Justice, were on the Brief for appellants. Michael A. Katz & Royce C. Lamberth, Asst. U. S. Attys., at the time the brief was filed, also entered appearances for appellants.

Charles M. Butler, III, Dallas, Tex., filed a brief on behalf of Senators John Tower and Strom Thurmond, as amici curiae urging reversal.

Before MacKINNON and WILKEY, and JAMESON, for the District of Montana.


Opinion for the Court filed by Senior District Judge JAMESON.

JAMESON, Senior District Judge:

This is an appeal from an order of the district court declaring unconstitutional and enjoining the enforcement of certain provisions of the United States Army's drug abuse prevention and control program embodied in USAREUR Circular 600-85.1

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