Nos. 72-2559, 72-3059.

485 F.2d 1153 (1973)

Peter CUMMINGS, M.D., and Peter Rudd, M.D., Individually and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. Robert E. HAMPTON, Chairman of United States Civil Service Commission, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 27, 1973.

Attorney(s) appearing for the Case

Garvin Lee Oliver (argued), A. William Olson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal., Robert L. Keuch, Dept. of Justice, Washington, D. C., for defendants-appellants.

Malcolm Burstein (argued), Berkeley, Cal., for plaintiffs-appellees.

Charles C. Marson, Joseph Remcho, Peter E. Sheehan, ACLU, San Francisco, Cal., for amicus curiae.

Before BARNES, BROWNING and DUNIWAY, Circuit Judges.


Physicians in residence at University Medical Center, Stanford, California, must serve several months of their residency at the Veterans Administration Hospital, Palo Alto, California. To qualify for the latter, they were required to complete Veterans Administration Form 10-2850-2, consisting of two questions:

1. Are you now or within the past ten years have you been a member of the Communist Party U...

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