KATCOFF v. MARSH

No. 352, Docket 84-6184.

755 F.2d 223 (1985)

Joel KATCOFF and Allen M. Wieder, Plaintiffs-Appellants, v. John O. MARSH, Jr., Secretary of the Army, the Department of the Army, and the Department of Defense, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1985.


Attorney(s) appearing for the Case

Joel Katcoff, New York City, pro se (Allen M. Wieder, New York City, on brief).

Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Patrick B. Northup, Asst. U.S. Atty., Brooklyn, N.Y., Lt. Col. Michael J. Nardotti, Jr., Maj. Thomas R. Folk, Dept. of the Army, Washington, D.C., of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and MANSFIELD and MESKILL, Circuit Judges.


MANSFIELD, Circuit Judge.

This appeal raises the question of whether Congress and the United States Army ("Army"), in furnishing chaplains as part of our armed forces to enable soldiers to practice the religions of their choice, violate the Constitution. We hold that, except in a few respects that require further consideration, they do not.

Appellants, two practicing attorneys who were Harvard Law School students when they commenced the action, appeal from...

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