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PUBLIC CITIZEN, INC. v. SIMON

No. 74-2025.

539 F.2d 211 (1976)

PUBLIC CITIZEN, INC., et al., Appellants, v. William E. SIMON, Secretary of the Treasury, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1976.

Attorney(s) appearing for the Case

Girardeau A. Spann, Washington, D. C., for appellants. Alan B. Morrison, Washington, D. C., was on the brief for appellants.

David J. Anderson, Atty., Dept. of Justice, Washington, D. C., with whom Carla A. Hills, Asst. Atty. Gen., New York City, at the time the brief was filed, Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief for appellee. Morton Hollander, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellee.

Before LEVENTHAL and MacKINNON, Circuit Judges and McMILLAN, United States District Judge for the Western District of North Carolina.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

Dissenting opinion filed by District Judge McMILLAN.

LEVENTHAL, Circuit Judge:

This appeal raises the question whether taxpayers have standing as taxpayers, without congressional authorization of their suit, to challenge executive spending claimed to be in derogation of constitutional and statutory strictures. The District Court deemed the action barred by United States v. Richardson, ...

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