Harry F. Armstrong v. United States

This appeal is from the District Court’s judgment dismissing appellant’s suit for injunctive relief. The amended complaint alleged that on December 12, 1963, the Secretary of Defense of the United States issued his order that the Naval Repair Facility of the United States Naval Station at San Diego, California, be closed. At that time and prior thereto, appellant was employed as a service electrician at the Repair Facility, and he alleged that his suit was a “class action” brought by him on behalf of all employees affected by the Secretary’s order. Named as defendants in the suit to enjoin the closure were the United States of America, its Secretary of Defense, its Secretary of the Navy, and the Commanding Officer of the Naval Repair Facility.

In our court, the appellant makes two contentions: (1) That § 125 of Title 10 U.S.C., the authority under which the Secretary of Defense made the challenged order, is unconstitutional in that it unlawfully delegates legislative powers; (2) That if the section is not unconstitutional, the Secretary’s order is invalid because of his failure to comply with the requirements of the section.

We are convinced that the District Court made the…