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FIELD v. BROWN

Nos. 76-1781, 78-1336, 78-1376 and 78-1716.

610 F.2d 981 (1979)

Henry C. FIELD, Jr., Appellant, v. Harold BROWN, Secretary of Defense, et al. Henry C. FIELD, Jr., Appellant, v. Harold BROWN. et al. Joseph E. HOKER et al., Appellants, v. Harold BROWN. James G. LITTLE, Appellant, v. W. Graham CLAYTOR, Jr., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 1979.

Rehearing Denied January 2, 1980.

Attorney(s) appearing for the Case

Joseph K. Taussig, Jr., Washington, D.C., for appellants.

Gordon C. Rhea, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on brief, for appellees.

George D. Webster and Michael Lenehan, Washington, D.C., were on brief, for amicus curiae urging reversal.

Also Richard A. Graham, Asst. U.S. Atty., Washington, D.C., entered an appearance, for appellee.

Before McGOWAN and MacKINNON, Circuit Judges, and OBERDORFER, United States District Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by District Judge OBERDORFER.

OBERDORFER, District Judge:

These consolidated appeals involve challenges by retired officers of the Navy to the constitutionality of two statutes that restrict their ability to make sales to the armed services. 18 U.S.C. § 281 (1976) forbids retired regular military personnel from "represent[ing] any person in the sale of anything to the Government through the department in whose service he holds...

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