KATCOFF v. MARSH

No. 79 CV 2986.

582 F.Supp. 463 (1984)

Joel KATCOFF and Allen M. Wieder, Plaintiffs, v. John O. MARSH, Jr., Secretary of the Army, et al., Defendants.

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

On Motion to Amend April 9, 1984.


Attorney(s) appearing for the Case

Joel Katcoff, Allen M. Wieder, pro se.

Raymond J. Dearie, U.S. Atty. (Marilyn Go, Patrick B. Northup, Asst. U.S. Attys., Brooklyn, N.Y., Col. John L. Fugh, Major Michael J. Nardotti, Jr., Dept. of Army, Washington, D.C., of counsel), for defendants.


MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

INTRODUCTION

Chaplains have been members of the United States Army since the Revolutionary War. Plaintiffs, who brought this action while they were still Harvard law students, have never served in the military. They sue to declare the Army Chaplaincy Program (the "Chaplaincy Program," or the "Program") unconstitutional on the ground that it runs afoul of the First Amendment's command that Congress...

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