KENNEDY v. WHITEHURST

Attorney(s) appearing for the Case

Stephen A. Goldberg, Washington, D. C., with whom Jean S. Moore, Elliot M. Mincberg, and Joel P. Bennett, Washington, D. C., were on the brief, for appellant.

Richard B. Nettler, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Melvin Bolden, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellee.

Michael R. Schuster, Washington, D. C., was on the brief for Legal Counsel for the Elderly, amicus curiae, urging reversal.

Before TAMM, Circuit Judge, ROBB, Senior Circuit Judge, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs & Patent Appeals.