Schustack v. Herren

FRANK, Circuit Judge.

The facts in this case are amply set out in Judge Sugarman’s opinion, reported at 136 F.Supp. 850, and we need not repeat them here.

1. No one can reasonably doubt that the Army has the power to discharge without a hearing and without assigning any reason; such power is indispensable to the effective management of the armed services and to the national defense; and with the exercise of that power no court can properly interfere. But plaintiff argues — contrary to Judge Youngdahl’s decision in Harmon v. Brucker, D.C.D.C., 137 F.Supp. 475— that the federal courts have…