# Schustack v. Herren

> Court of Appeals for the Second Circuit · June 1, 1956 · 234 F.2d 134

URL: https://www.frixlaw.com/law-library/cases/6913174

## Case

- **Full name:** Robert E. SCHUSTACK v. Lt. General Thomas W. HERREN, United States Army, Individually and as Commanding General, First Army, Lt. Col. Donald K. Hughes, United States Army, Individually and as President of the First Army Field Board of Inquiry, Lt. Col. Joe E. Starns, United States Army Reserve, and Lt. Col. Emil Simmons, United States Army Reserve, Individually and as members of the First Army Board of Inquiry
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 1, 1956
- **Citations:** 234 F.2d 134
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumbard
- **Judges:** Frank, Lumbard
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6913174

## Opinion text

LUMBARD, Circuit Judge
(concurring).
For the reasons set forth in Judge Sugarman’s opinion, 136 F.Supp. 850 and on the authority of Blackmar v. Guerre, 1952, 342 U.S. 512 , 72 S.Ct. 410 , 96 L. Ed. 534 ; Burns v. McCrary, 2 Cir., 1956, 229 F.2d 286 ; Reeber v. Rossell, 2 Cir., 1952, 200 F.2d 334 ; Marshall v. Wyman, *140 D.C.N.D.Cal.1955, 132 F.Supp. 169 ; Harris v. Bayer, D.C.E.D.Pa.1955, 18 F. R.D. 392.; cf. United States ex rel. Vassel v. Duming, 2 Cir., 1945, 152 F.2d 455 , the order of the District Court denying appellant’s motion for a temporary injunction and the order of the District Court granting respondents’ cross-motion to dismiss the complaint should be affirmed.
I refrain from concurring in Judge FRANK’S discussion of other matters as it seems to me that such discussion is not necessary to the decision and regards matters concerning which I do not feel that the Court is or needs to be fully informed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6913174. Public record. Not legal advice.