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NATIONAL TREASURY EMPLOYEES UNION v. NIXON

No. 72-1929.

492 F.2d 587 (1974)

NATIONAL TREASURY EMPLOYEES UNION, Appellant, v. Richard M. NIXON, Individually and as President of the United States.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1974.

Attorney(s) appearing for the Case

George H. Cohen, Washington, D.C., with whom Robert M. Tobias, Washington, D.C., was on the brief for appellant.

Eloise E. Davies, Atty., Dept. of Justice, with whom Harold H. Titus, Jr., U. S. Atty. and Morton Hollander, Atty., Dept. of Justice, were on the brief for appellee.

Before ROBINSON and WILKEY, Circuit Judges, and KAUFMAN, United States District Judge for the District of Maryland.

FRANK A. KAUFMAN, District Judge:

At the last term on the affidavits then read and filed with the clerk, a rule was granted in this case, requiring the secretary of state to show cause why a mandamus should not issue, directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the District of Columbia. No cause has been shown, and the present motion is for a mandamus. The peculiar delicacy of this...

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