COUNCIL OF THE BLIND OF DEL. CTY. VALLEY v. REGAN

No. 81-1389.

709 F.2d 1521 (1983)

COUNCIL OF AND FOR THE BLIND OF DELAWARE COUNTY VALLEY, INC., et al., Appellants, v. Donald T. REGAN, Secretary of the Treasury, et al.

United States Court of Appeals, District of Columbia Circuit.

Argued December 1, 1982.

Decided June 10, 1983.


Attorney(s) appearing for the Case

William C. McNeill, III, with whom Eduardo Pena, Jr., Washington, D.C., was on the brief, for appellants.

James Robertson, Washington, D.C., with whom William L. Robinson, Washington, D.C., was on the brief for amicus curiae urging reversal and remand for discovery and trial.

John H.E. Bayly, Jr., Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., and Richard S. Isen, Bruce H. Cameron and Bonnie L. Gay, Attys., Dept. of Treasury, Washington, D.C., were on the brief for appellees. Michael J. Ryan and Kenneth M. Raisler, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellees.

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


Argued En Banc December 1, 1982.

Opinion for the Court filed by Circuit Judge WILKEY.

Separate opinion concurring in part and dissenting in part filed by Chief Judge, SPOTTSWOOD W. ROBINSON, III, with whom Circuit Judges J. SKELLY WRIGHT, WALD, MIKVA and HARRY T. EDWARDS join.

WILKEY, Circuit Judge:

In this suit appellants, two individuals and seven organizations located in various places in the United States, challenge the way in which the...

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