MIDDENDORF v. HENRY

No. 74-175.

425 U.S. 25 (1976)

MIDDENDORF, SECRETARY OF THE NAVY, ET AL. v. HENRY ET AL.

Supreme Court of United States.

Reargued November 5, 1975.

Decided March 24, 1976.


Attorney(s) appearing for the Case

Harvey M. Stone argued the cause pro hac vice for petitioners in No. 74-175 and respondents in No. 74-5176 on the reargument. Deputy Solicitor General Frey argued the cause for those parties on the original argument. With Mr. Stone on the brief were Solicitor General Bork, Assistant Attorney General Petersen, Harriet S. Shapiro, Sidney M. Glazer, Merlin H. Staring, H. B. Robertson, Jr., and Max G. Halliday.

Nathan R. Zahm reargued the cause for petitioners in No. 74-5176 and respondents in No. 74-175. With him on the briefs were A. L. Wirin, Fred Okrand, David F. Addlestone, and Thomas M. Geisler, Jr.


MR. JUSTICE REHNQUIST delivered the opinion of the Court.

In February 1973 plaintiffs1—then enlisted members of the United States Marine Corps—brought this class action in the United States District Court for the Central District of California challenging the authority of the military to try them at summary courts-martial without providing them with counsel. Five plaintiffs

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