No. 74-1384.

514 F.2d 189 (1975)

NATIONAL ALLIANCE OF POSTAL AND FEDERAL EMPLOYEES et al., Appellants, v. E. T. KLASSEN, Individually and as Postmaster General of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1975.

Attorney(s) appearing for the Case

Fred W. Drogula, Washington, D. C., for appellants.

Harry R. Silver, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., New York City, Earl J. Silbert, U. S. Atty., Stephen F. Eilperin, Atty., Dept. of Justice and Stephen E. Alpern, Atty., U. S. Postal Service, were on the brief for appellee Klassen.

Peter Carre, Atty., N. L. R. B., for appellee Nash. John S. Irving, Deputy Gen. Counsel, N. L. R. B., Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Abigail Cooley, Asst. Gen. Counsel for Sp. Litigation and Alan Banov, Atty., N. L. R. B., were on the brief for appellee Nash.

Mozart G. Ratner, and Bernard Ries, Washington, D. C., were on the brief for appellee, National Association of Letter Carriers AFL-CIO.

Before WRIGHT and TAMM, Circuit Judges, and JACK R. MILLER, Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Judge Miller.

MILLER, Judge:

This is an appeal from the judgment of the district court, 369 F.Supp. 747 (1974): (1) denying plaintiff-appellants' application for the convening of a three-judge court; (2) partially granting1 defendant-appellees' motion for summary judgment with respect to plaintiff-appellants' constitutional...

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