No. 83-1822.

727 F.2d 1247 (1984)

NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC., et al. v. Donald J. DEVINE, Director, United States Office of Personnel Management, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1984.

As Amended February 17, 1984.

Attorney(s) appearing for the Case

Alfred R. Mollin, Atty. Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed) and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellant.

Charles Stephen Ralston, New York City, with whom James M. Nabrit III, New York City, Elaine R. Jones, Washington, D.C., Barry L. Goldstein, Brent Simmons, William L. Robinson, New York City, Norman J. Chachkin, Stuart J. Land, Boris Feldman, Robert T. Coulter, Walter B. Slocombe, M. Carolyn Cox and Douglas B. Jordan, Washington, D.C., were on the brief, for appellees.

Mozart G. Ratner and Allison Beck, Washington, D.C., were on the brief, for amicus curiae Intern. Ass'n of Machinists and Aerospace Workers, AFL-CIO, urging reversal.

Before WRIGHT, EDWARDS and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting Opinion filed by Circuit Judge STARR.

HARRY T. EDWARDS, Circuit Judge:

Charitable solicitation of Federal employees or military personnel at their workplaces or duty stations is conducted exclusively through an annual fund raising drive called the Combined Federal Campaign (the "CFC" or the "campaign"). On February 10, 1983, the Government issued an executive order excluding...

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