SMITH v. REAGAN

No. 85-119-CIV-3.

637 F.Supp. 964 (1986)

Mark A. SMITH, Former Prisoner of War; Melvin C. McIntire, Sergeant First Class, United States Army; Anne M. Hart, Wife of Service Member Listed as Missing in Action; Dorothy M. Shelton, Wife of Existing Prisoner of War; Katherine Fanning, Wife of Service Member Listed as Missing in Action; Jerry L. Dennis, Brother of Service Member Lost in Southeast Asia, Plaintiffs, v. Ronald REAGAN, President of the United States; Casper Weinberger, United States Secretary of Defense; George Schultz, United States Secretary of State; James A. Williams, General Director of the United States Intelligence Agency and Each of Their Respective Predecessors and Successors in Their Official Capacity, Defendants.

United States District Court, E.D. North Carolina, Fayetteville Division.

June 19, 1986.


Attorney(s) appearing for the Case

Mark L. Waple, Hutchens & Waple, P.A., Fayetteville, N.C., for plaintiffs.

Sam T. Currin, U.S. Atty., Raleigh, N.C., David J. Anderson, Dept. of Justice, Civil Div., Virginia Strasser, Washington, D.C., for defendants.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This is a suit to compel the President of the United States and his principal military and foreign affairs officers to engage in conduct with foreign governments pursuant to the Hostage Act of 1868, 22 U.S.C. § 1732.

Some of the plaintiffs are active and reserve United States armed forces personnel, others are the immediate family members of United States armed forces personnel who are declared missing...

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