BANZHAF v. SMITH

No. 84-5304.

737 F.2d 1167 (1984)

John F. BANZHAF, III, et al. v. William French SMITH, Individually and as United States Attorney General, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1984.


Attorney(s) appearing for the Case

John F. Cordes, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants.

John F. Banzhaf, III, Washington, D.C., with whom Peter H. Meyers, Washington, D.C., was on the brief, for appellees.

Daniel J. Popeo and Paul D. Kamenar, Washington, D.C., were on the brief for amicus curiae Washington Legal Foundation, urging reversal.

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


Opinion PER CURIAM.

PER CURIAM:

In this case we review the decision of the District Court in Banzhaf v. Smith, 588 F.Supp. 1498 (D.D.C. 1984). The court ordered the Attorney General to seek appointment of an "independent counsel" pursuant to the procedures set forth in Section 592(c) of the Ethics in Government Act, 28 U.S.C. §§ 591-598 (1982), to investigate allegations of wrongdoing during the 1980 presidential...

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