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RESERVISTS COMMITTEE TO STOP WAR v. LAIRD

Civ. A. No. 1429-70.

323 F.Supp. 833 (1971)

RESERVISTS COMMITTEE TO STOP the WAR et al., Plaintiffs, v. Melvin LAIRD et al., Defendants.

United States District Court, District of Columbia.

April 2, 1971.

Attorney(s) appearing for the Case

William A. Dobrovir, Washington, D. C., for plaintiffs.

Stuart E. Schiffer, Dept. of Justice, Mary E. Folliard, Asst. U. S. Atty., Washington, D. C., for defendants.

MEMORANDUM OPINION

GESELL, District Judge.

This case presents the discrete question whether under Article I, Section 6, Clause 2 of the Constitution of the United States a person may at the same time be a member of Congress and hold a commission in the Armed Forces Reserve. The meaning and effect of this constitutional provision have never before been determined by a court. There is no factual dispute, and the legal issue has been tendered on cross-motions...

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