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DUKAKIS v. U.S. DEPT. OF DEFENSE

Civ. A. No. 88-227-K.

686 F.Supp. 30 (1988)

Michael S. DUKAKIS, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF DEFENSE, et al., Defendants.

United States District Court, D. Massachusetts.

May 6, 1988.

Attorney(s) appearing for the Case

Douglas H. Wilkins, Asst. Atty. Gen., Boston, Mass., for plaintiffs.

Vincent M. Garvey, Harriet Kerwin, U.S. Dept. of Justice, Civil Div., Washington, D.C., for defendants.

Peter B. Ellis, Nick Littlefield, Philip W. Mueller, Foley, Hoag & Eliot, Boston, Mass., for amici curiae, Mass. Congressional del.

Francis C. Newton, Jr., Boston, Mass., for amici curiae, Nat. Guard Assoc.

Franklin N. Cunningham, Boston, Mass., for amicus curiae, Boston Chapter, Military Order of the World Wars.

Gary L. Keyser, Asst. Atty. Gen., Baton Rouge, La., W. Arthur Abercrombie, Jr., Sp. Asst. Atty. Gen., Taylor, Porter, Brooks & Phillips, Baton Rouge, La., for amici curiae, State of La., et al.

OPINION

KEETON, District Judge.

This action was brought by the Governor of Massachusetts and the Commonwealth of Massachusetts against the United States Department of Defense and other federal agencies and officials. Plaintiffs' complaint asks this court to declare the Montgomery Amendment, 10 U.S.C. § 672(f), unconstitutional under the Militia Training Clause, U.S. Const. art. I, § 8, cl. 16, insofar as section 672(f) restricts the authority of...

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