RELF v. WEINBERGER

Nos. 74-1797, 74-1798, 74-1802 and 76-1053.

565 F.2d 722 (1977)

Katie RELF, Individually and on Behalf of All Persons Similarly Situated, et al. v. Caspar WEINBERGER, Individually and as Secretary of the Department of Health, Education and Welfare, His Agents, Successors and Assignors, et al., Appellants. NATIONAL WELFARE RIGHTS ORGANIZATION v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al., Appellants. NATIONAL WELFARE RIGHTS ORGANIZATION, Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al. Katie RELF, Individually and on Behalf of All Persons Similarly Situated, et al., Appellants, v. Caspar WEINBERGER, Individually and as Secretary of the Department of Health, Education and Welfare, His Agents, Successors, and Assignors, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 1977.


Attorney(s) appearing for the Case

Harry R. Silver, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellants in Nos. 74-1797 and 74-1798 and appellees in Nos. 74-1802 and 76-1053. Morton Hollander, Atty., Dept. of Justice and Thomas G. Corcoran, Jr., Asst. U. S. Atty., Washington, D. C., also entered appearances for appellants in Nos. 74-1797 and 74-1798 and appellees in Nos. 74-1802 and 76-1053.

Leonard H. Becker, Washington, D. C., with whom Stuart J. Land, Michael N. Sohn, Jonathan D. Schiller, Lois J. Schiffer, and Charles R. Halpern, Washington, D. C., were on the brief, for appellant in No. 74-1802 and appellee in No. 74-1798.

Pamela S. Horowitz, Montgomery, Ala., of the bar of the Supreme Court of Alabama, pro hoc vice by special leave of court, with whom Joseph J. Levin, Jr., Charles F. Abernathy, Montgomery, Ala., and Frederick D. Palmer, Washington, D. C., were on the brief, for appellants in No. 76-1053 and appellees in No. 74-1797.

Lynn E. Cunningham and Florence Wagman Roisman, Washington, D. C., filed a brief on behalf of National Health Law Program as amicus curiae in Nos. 74-1797 and 76-1053 urging affirmance.

Before DANAHER, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

The appeals before us derive from proceedings in the District Court involving challenges to Department of Health, Education, and Welfare regulations covering sterilizations financed by HEW agencies in support of family planning services. By reason of representations made to us by HEW at the time the case was taken under submission, it is for decisional purposes in a somewhat unusual...

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