# Brown v. McNamara

> Court of Appeals for the Third Circuit · November 24, 1967 · 387 F.2d 150

URL: https://www.frixlaw.com/law-library/cases/8878067

## Case

- **Full name:** David W. BROWN, private E-2 RA 11 797 464 v. Hon. Robert S. McNAMARA, Secretary of Defense, Hon. Stanley R. Resor, Secretary of the Army, Major General John M. Hightower, Commanding General, U. S. Army Training Center, Infantry, U. S. Army, Fort Dix, New Jersey
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** November 24, 1967
- **Citations:** 387 F.2d 150; 1967 U.S. App. LEXIS 4431
- **Precedential status:** Published
- **Opinion:** Concurrence by Staley
- **Judges:** Dusen, Maris, Staley
- **Cited by:** 46 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/8878067

## Opinion text

STALEY, Chief Judge
(concurring).
I concur in the affirmance of the district court’s denial of the writ. I also agree with the majority opinion insofar as it affirms the finding of the district court that the administrative procedure used by the Army did not deny the appellant procedural due process. However, I agree with the district court’s conclusion that federal courts should refuse to accept subject matter jurisdiction to pass on the factual adequacy of the Army’s decision. 263 F.Supp. at 692-693. As stated in the opinion below, the exercise of such jurisdiction has properly been held to be unduly disruptive of the operation of the armed forces, and contrary to the doctrine of the separation of powers. Orloff v. Willoughby, 345 U.S. 83, 93-94 , 73 S.Ct. 534 , 97 L.Ed. 842 (1953); Harmon v. Brucker, 243 F.2d 613, 619 (C.A.D.C., 1957) rev’d on other grounds, 355 U.S. 579 , 78 S.Ct. 433 , 2 L.Ed.2d 503 (1958).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8878067. Public record. Not legal advice.