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PENDLETON v. RUMSFELD

No. 78-2148.

628 F.2d 102 (1980)

Nell PENDLETON, Individually and on behalf of all others similarly situated, et al., Appellants, v. Donald RUMSFELD, Individually and as Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 1980.

Attorney(s) appearing for the Case

David J. Cynamon, Washington, D. C., with whom Roderic V. O. Boggs, Washington, D. C., was on brief, for appellants.

Marleigh Dover Lang, Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert,* U. S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellees.

Before ROBB and WALD, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

Opinion for the Court filed by Circuit Judge NICHOLS.

Dissenting Opinion filed by Circuit Judge WALD.

NICHOLS, Judge:

This case is an appeal from a decision by U.S. District Judge John Lewis Smith, Jr. The case had been pending since 1973, largely because of waiting for decisions in other cases it was vainly hoped would dispose of this one. The name plaintiff, Mrs. Nell Pendleton, brought this action on behalf of herself, and all other black employees...

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