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NATHAN v. SMITH

Nos. 83-1619, 83-1643.

737 F.2d 1069 (1984)

Martha NATHAN, et al. v. William French SMITH, U.S. Attorney General. Martha NATHAN, et al., Appellants, v. William French SMITH, U.S. Attorney General, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 1984.

As Amended June 5 and June 14, 1984.

Attorney(s) appearing for the Case

John F. Cordes, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellant in No. 83-1619 and for cross-appellee in No. 83-1643. Richard K. Willard, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for Smith, U.S. Attorney General.

Daniel P. Sheehan, Washington, D.C., for appellee in No. 83-1619 and for cross-appellant in No. 83-1643.

Before EDWARDS, BORK and DAVIS, Circuit Judges.

Concurring opinions filed by Circuit Judge DAVIS, Circuit Judge BORK and Circuit Judge HARRY T. EDWARDS.

PER CURIAM:

We reverse the District Court's decision granting in part plaintiffs' motion for summary judgment.

DAVIS, Circuit Judge, concurring:

These are cross-appeals from an order of the District Court granting in part plaintiffs' motion for summary judgment in this mandamus action, and ordering the Attorney General to conduct a certain...

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