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NAGE, INC. v. SCHLESINGER

July 22, 1975

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INC., et al.
v.
JAMES R. SCHLESINGER, Secretary of Defense, HOWARD H. CALLAWAY, Secretary of the Army



The opinion of the court was delivered by: NEWCOMER

 AND NOW, to wit, this 22nd day of July, 1975, it is hereby Ordered that plaintiffs' motion for a preliminary and final injunction against the closing of the Frankford Arsenal and for declaratory relief is DENIED, and Judgment is entered in favor of the defendants and against the plaintiffs, all parties to bear their own costs.

 AND IT IS SO ORDERED.

 Clarence C. Newcomer, J.

 MEMORANDUM AND ORDER

 Newcomer, D. J.

 We have before us a motion by plaintiffs for a final injunction against the closing of the Frankford Arsenal until such time as the Secretary of Defense or the Secretary of a military department gives Congress a full report of the facts and justification for such closing, pursuant to Section 613 of the Military Construction Authorization Act of 1967, 80 Stat. 757, 10 U.S.C. § 2662, note (hereafter "Section 613"). For the reasons set forth below, we have determined that we must deny plaintiffs' motion.

 On approximately November 19, 1974, prior to the above public announcement, the Secretary of the Army personally briefed the Congressmen from the Philadelphia area of the impending announcement about the closure of the Frankford Arsenal. On November 21, 1974, the Department of the Army sent to the Speaker of the House and President Pro Tempore of the Senate, over the signature of Harold L. Brownman, Assistant Secretary of the Army, a memorandum entitled "INFORMATION FOR MEMBERS OF CONGRESS

 
U.S. ARMY INSTALLATION CLOSURE AND DEPOT SYSTEM REALIGNMENT ACTIONS."

 This memorandum stated, in relevant part:

 
Secretary of the Army Howard H. Callaway today announced plans to realign the U.S. Army Materiel Command (AMC) depot system; to close Frankford Arsenal, Philadelphia, Pennsylvania; and to make Fort Hamilton, New York, a sub-installation of Fort Dix, New Jersey. These actions are designed to eliminate marginal facilities, to reduce overhead costs, to use available resources more efficiently and effectively, and to strengthen military capabilities. The actions will make available for reallocation to the Army combat structure funds up to $115 million annually, and up to 340 military and 7300 civilian manpower support spaces.
 
Current financial constraints dictated that the Army reevaluate all previously considered base closures involving significant cost reductions. An Army installation utilization and stationing study determined that Frankford Arsenal is too outmoded and too costly to continue operating. Additionally, Frankford Arsenal was one of the installations examined by the Army Materiel Acquisition Review Committee (AMARC) and by the current AMC study of AMARC recommendations. While some consideration was given to establishing Frankford Arsenal as an Armaments Development Center (ADC), the AMC study has gone far enough to determine that, if an ADC were established, Frankford Arsenal would be the least cost effective of all installations being considered. Accordingly, Frankford Arsenal will be closed by the end of FY 77.

 The Department of the Army sent the above memorandum pursuant to Section 613 of the Military Construction Authorization Act of 1967, ...


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