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WARD THREE DEMOCRATIC COMMITTEE v. UNITED STATES

No. 78-1713.

609 F.2d 10 (1979)

WARD THREE DEMOCRATIC COMMITTEE et al., Appellants, v. UNITED STATES of America et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1979.

As Amended October 29, 1979.

Attorney(s) appearing for the Case

Joel D. Joseph, Washington, D. C., for appellants.

Frank A. Rosenfeld, Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, Senior District Judge.

Opinion for the Court filed by Senior District Judge JAMES F. GORDON.

JAMES F. GORDON, Senior District Judge.1

This matter reaches us upon dismissal by the District Court, for failure to state a claim upon which relief could be granted, of appellants' challenge of the constitutionality of a regulation (5 C.F.R. § 733.124 (1979)) promulgated by the Civil Service Commission under its authority to implement the Hatch Political...

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