Opinion

Parker v. Lester

  • 227 F.2d 708
  • 1956 A.M.C. 2335
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 26, 1955
Status
Published
Author
Healy
On the bench
Healy, Pope
Cited by
49 cases
Authority
More cited than 16.7%

cautioning against relying on untrustworthy sources in awarding security clearances to Coast Guard employees

How later courts described this case

  • cautioning against relying on untrustworthy sources in awarding security clearances to Coast Guard employees
  • denial of security clearance for seamen severely curtailed their employment potential and must comply with due process

Written by the judges who cited it.

The opinion

HEALY, Circuit Judge

(dissenting).

I would affirm the decision and order below on the grounds and for the reasons stated in the trial court’s opinion, D.C., 112 F.Supp. 438 . The Supreme Court had opportunity in Peters v. Hobby, 349 U.S. 331 , 75 S.Ct. 790 , to determine the constitutional issue which this case presents, but it chose not to do so. Particularly in light of what was said in our opinion in United States v. Gray, 9 Cir., 207 F.2d 237 at page 241, I would not undertake to reverse the present judgment but would leave the issue to the Supreme Court to determine on certiorari.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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