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BERK v. LAIRD

No. 70-C-697.

317 F.Supp. 715 (1970)

Malcolm A. BERK, Plaintiff, v. Melvin LAIRD, individually, and as Secretary of Defense of the United States, Stanley S. Resor, individually, and as Secretary of the Army of the United States, and Col. T. F. Spencer, individually, and as Chief of Staff, United States Army Engineers Center, Fort Belvoir, Defendants.

United States District Court, E. D. New York.

September 16, 1970.

Attorney(s) appearing for the Case

Leon Friedman, Burt Neuborne, Theodore C. Sorensen, Kay Ellen Hayes, New York City, for plaintiff, Norman Dorsen, Marc Luxemburg, Peter P. Smith, Mark Alcott, New York City, of counsel.

Edward R. Neaher, U. S. Atty., E.D. N.Y., Brooklyn, for defendants, Robert A. Morse, Chief Asst. U. S. Atty., James D. Porter, Jr., Cyril Hyman, Robert Rosenthal, Asst. U. S. Attys., of counsel.

MEMORANDUM AND ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANTS

JUDD, District Judge.

An action for an injunction against sending an enlisted Army man to Vietnam challenges the constitutional basis for the presence of United States armed forces in South Vietnam. The case is before the court on defendants' motion to dismiss on the three grounds of lack of jurisdiction, failure to state a valid claim, and summary judgment for lack of genuine issues of material...

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