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NATIONAL FEDERATION OF FEDERAL EMP. v. BROWN

Nos. 79-2394, 80-1092.

645 F.2d 1017 (1981)

NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1622, Appellant, v. Harold M. BROWN, Individually and As Secretary of Defense, and The Department of Defense, Appellees. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., Appellants, v. Harold M. BROWN, Secretary of Defense, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1981.

As Amended April 1, 1981.

Attorney(s) appearing for the Case

Catherine Waelder, Washington, D. C., with whom Janet Cooper, Washington, D. C., was on brief, for appellant. Bruce P. Heppen, Washington, D. C., also entered an appearance for appellant in No. 79-2394.

Mark D. Roth, Washington, D. C., with whom James R. Rosa, Washington, D. C., was on brief, for appellants in No. 80-1092.

Marc Richman, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., and Robert S. Greenspan, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellees.

Before ROBB, EDWARDS and GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge ROBB.

GINSBURG, Circuit Judge:

These cases are companion to American Federation of Government Employees v. Campbell, No. 79-2024 (D.C. Cir. December 18, 1980); they present the question whether the Secretary of Defense properly imposed a 5.5% cap for fiscal year 1979 on the pay increases of members of the class represented by plaintiff-appellants...

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