NATIONAL FEDERATION OF FEDERAL EMPLOYEES and National Association of Government Employees, Intervenor-Appellee,
v.
Donald J. DEVINE, Director, Office of Personnel Management, et al., Appellants.
NATIONAL TREASURY EMPLOYEES UNION
v.
Donald J. DEVINE, Director, Office of Personnel Management, et al., Appellants.
Christina B. KRYWUCKI, et al.
v.
Donald J. DEVINE, Director, Office of Personnel Management, et al., Appellants.
GROUP HEALTH ASSOCIATION OF AMERICA, INC., on Behalf of 52 of Its Members
v.
Donald J. DEVINE, Director, Office of Personnel Management, Appellant.
Robert H. WALKER, et al.
v.
Donald J. DEVINE, Director, Office of Personnel Management, et al., Appellants.
NATIONAL TREASURY EMPLOYEES UNION
v.
Donald J. DEVINE, Director, Office of Personnel Management Blue Cross Association and Blue Shield Association, Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 10, 1982.
Decided February 19, 1982.
Attorney(s) appearing for the Case
Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time brief was filed, and Royce C. Lamberth and R. Craig Lawrence, Asst. U. S. Attys., Washington, D. C., were on the brief, for the federal appellants. Anthony J. Steinmeyer and Eloise E. Davies, Attys., Dept. of Justice, Washington, D. C., entered appearances for the federal appellants.
Philip S. Neal, Washington, D. C., for appellants Blue Cross Ass'n and Blue Shield Ass'n.
Catherine Waelder, Washington, D. C., with whom Bruce P. Heppen, Washington, D. C., was on the brief, for appellee Nat. Federation of Federal Emp.
R. Kenly Webster, with whom Martin D. Krall and Judith A. Sandler, Washington, D. C., were on the brief, for appellee Group Health Ass'n of America, Inc.
Robert M. Tobias, John F. Bufe, and William F. White, Washington, D. C., were on the brief for appellee Nat. Treasury Emp. Union.
James R. Rosa, Joseph F. Henderson and Kevin Grile, Washington, D. C., were on the brief for appellees Christina B. Krywucki, et al.
Raymond Malloy and Michael J. Crealy, Washington, D. C., entered appearances for intervenor-appellee Nat. Ass'n of Government Emp.
Before ROBINSON, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court PER CURIAM.
PER CURIAM:
Existing regulations require the Office of Personnel Management (OPM) to hold an "open season" annually in November and December to permit federal employees to transfer freely from one health benefit plan to another. On November 6, 1981 the Director of OPM announced that unforeseen emergency circumstances, including last-minute benefit reductions and pending litigation in federal courts, required postponement of...
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