cracy," The Evening Star, April 8, 1947, p. B-3. Greene's recollection of the meeting (R. 92) is in substantial agreement with the report in the Evening Star. This newspaper reports that Mr. Justices Black and Douglas were in attendance. V. The finding that Greene is of doubtful credibility. (R. 24). THIS CHARGE IS REFUTED BY THE FOLLOWING FACTS A. The board at the first hearing accepted Greene's testimony, and the board at the second hearing, which purports to doubt his credibility, believed his uncorroborated testimony as to Hess, Syrzentic, Owen Lattimore, Ed Fruchtman, and Virginia Gardner. B. No mention of this charge was made until March 12, 1956, a year and a half after the institution of this suit, and the charge is then made in a document prepared by respondent's subordinates for an obviously self-serving purpose. C. Greene's testimony was corroborated with respect to important issues by the testimony of disinterested witnesses and by documentary evidence. D. Greene's testimony was stated to have been in accord with that of the alleged informants. (e.g., R. 422, 425). BRIEF FOR THE RESPONDENTS INDEX Opinions below Jurisdiction Questions presented Statutes and regulations involved Statement. 1. Factual background Summary of argument I. The regulations establishing the industrial se- II. The interest of a private person in having access A. Access to classified defense information is B. Control over military secrets is an exec- C. The interest in reputation injured by III. Assuming that petitioner's interest in access to process Adams v. Nagle, 303 U.S. 532 Bailey v. Richardson, 182 F. 2d 46, affirmed by an equally-divided Court, 341 U.S. 918 Berlan v. Board of Education, 357 U.S. 399 Bolling v. Sharpe, 347 U.S. 497 Brooks v. Dewar, 313 U.S. 354 Carlson v. Landon, 342 U.S. 524 Chicago & Southern Air Lines v. Waterman Corp., 333 Cummings v. Missouri, 4 Wall. 277 Dayton v. Dulles, 254 F. 2d 71, reversed, 357 U.S. 144 Dupree v. United States, 247 F. 2d 819 Dupree v. United States, 141 F. Supp. 773 Eberlein v. United States, 257 U.S. 82 Escoe v. Zerbst, 295 U.S. 490 FCC v. Pottsville Broadcasting Co., 309 U.S. 134 111 Gaines v. Thompson, 7 Wall. 347 Garland, Ex parte, 4 Wall. 333 Golding v. United States, 78 C. Cls. 682, certiorari denied, 292 U.S. 643 Gonzales v. United States, 348 U.S. 407 Hall v. Payne, 254 U.S. 343 Harmon v. Brucker, 355 U.S. 579 Jay v. Boyd, 351 U.S. 345 Jencks v. United States, 353 U.S. 657 Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 Kent v. Dulles, 357 U.S. 116 Kent v. United States, 105 C. Cls. 280 Lerner v. Casey, 357 U.S. 468 Lester v. Parker, 235 F. 2d 787 Liversidge v. Anderson, [1942] A.C. 206 Cases Continued Litchfield v. The Register and Receiver, 9 Wall 575 Morgan v. United States, 304 U.S. 1 National Labor Relations Board v. Mackay, 304 U.S. 333 National Lawyers Guild v. Brownell, 225 F. 2d 552, certiorari denied, 351 U.S. 927 Panama Canal Co. v. Grace Line, Inc., 356 U.S. Parker v. Lester, 227 F. 2d 708, reversing 112 F. Perkins v. Lukens Steel Co., 310 U.S. 113 Peters v. Hobby, 349 U.S. 331 Roviaro v. United States, 353 U.S. 53 Schware v. Board of Bar Examiners, 353 U.S. 232 Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 Totten v. United States, 92 U.S. 105 Truax v. Raich, 239 U.S. 33 United Public Workers v. Mitchell, 330 U.S. 75 United States v. Butler, 297 U.S. 1 United States v. Reynolds, 345 U.S. 1 United States ex rel. Chicago Gt. Western R.K. Co. v. United States ex rel. Girard Co. v. Helvering, 301 U.S. United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537 Von Knorr v. Miles, 60 F. Supp. 962, judgment vacated sub nom. Von Knorr v. Griswold, 156 F. 2d 287 Wieman v. Updegraff, 344 U.S. 183 Wilbur v. United States, 281 U.S. 206 Yick Wo v. Hopkins, 118 U.S. 356 Constitution and Statutes: U.S. Constitution: Fifth Amendment Fourteenth Amendment Armed Services Procurement Act of 1947, 62 Stat. 21, 41 U.S.C. 151 et seq. (1952 ed.): 41 U.S.C. 151 (c) (later recodified as 10 U.S.C. (Supp. V) 2304(a)) 41 U.S.C. 153 (later recodified as 10 U.S.C. (Supp. V) 2306) Internal Security Act of 1950, 64 Stat. 987, as amended, 50 U.S.C. 781 et seq.: 50 U.S.C. 783(b) National Security Act of 1947, 61 Stat. 495, as amended, 5 U.S.C. 171, et seq 5 U.S.C. 171a (b) 5 U.S.C. 411 5 U.S.C. 412 5 U.S.C. 22, as amended by 72 Stat. 547 18 U.S.C. 798 28 U.S.C. 2680 (h) Miscellaneous: Association of the Bar of the City of New York, Department of Defense Directive 5220.6, dated Feb- Department of Defense Industrial Security Manual for Par. 6 Dominion of Canada, House of Commons Debates, 1951, Vol. II, 2d Sess Executive Order 10290, 16 Fed. Reg. 9795 (Sept. 24, 1951) Par. 30(b) Executive Order 10501, 18 Fed. Reg. 7049 (Nov. 5, 1953) Par. 7(b) 21 Fed. Reg. 2814 Hearings before the Subcommittee of the House Appropriations Committee on Department of Justice Appropriation Bill for 1949, 80th Cong., 2d Sess. 245-47.. |