MURRAY v. BUCHANAN

No. 81-1301.

720 F.2d 689 (1983)

Jon Garth MURRAY, et al., Appellants, v. Angela Marie BUCHANAN, Treasurer of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1983.


Attorney(s) appearing for the Case

Ronald A. Lindsay, Washington, D.C., with whom Myra C. Selby, Indianapolis, Ind., was on the brief, for appellants.

Michael Jay Singer, Atty., Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees, Buchanan, et al. Royce C. Lamberth, Kenneth M. Raisler and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., also entered appearances for Buchanan, et al.

Stanley M. Brand, General Counsel, Washington, D.C., with whom Steven R. Ross, Asst. Counsel, Washington, D.C., United States House of Representatives, was on the brief, for appellees O'Neill and Ford.

Michael Davidson, Senate Legal Counsel, Washington, D.C., with whom M. Elizabeth Culbreth, Deputy Senate Legal Counsel, Washington, D.C., for Senate and Daniel J. Popeo, Paul D. Kamenar and Nicholas E. Calio, Washington, D.C., for Senator Helms, et al., were on the joint brief, for appellees.

Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., were on the brief, for amicus curiae urging the case be reversed and remanded for further proceedings.

Before ROBINSON, Chief Judge, WRIGHT, TAMM, WILKEY, WALD, MIKVA, EDWARDS, GINSBURG, BORK and SCALIA, Circuit Judges, and BAZELON and MacKINNON, Senior Circuit Judges.


Argued En Banc October 27, 1982.

ON REHEARING EN BANC

Opinion PER CURIAM.

Special concurrence filed by Senior Circuit Judge MacKINNON.

Separate statement filed by Circuit Judge GINSBURG in which Senior Circuit Judge BAZELON concurs.

PER CURIAM:

After argument of this appeal before the court sitting en banc, the Supreme Court decided Marsh v. Chambers,

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