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DELLUMS v. SMITH

No. 84-1525.

797 F.2d 817 (1986)

Ronald V. DELLUMS, Eleanor Ginsberg, Myrna Cunningham, Plaintiffs-Appellees, v. William French SMITH, individually and in his official capacity as Attorney General of the United States; D. Lowell Jensen, individually and in his official capacity as Assistant Attorney General, Criminal Division of the United States Department of Justice, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1986.

Attorney(s) appearing for the Case

Jules Lobel, University of Pittsburgh Law School, Pittsburgh, Pa., for plaintiffs-appellees.

John Midgley, Robert Adelman, Iris Gomez, Daniel Hoyt Smith, P.S., Seattle, Wash., amicus.

Carolyn Kuhl, John F. Cordes, Leonard Schaitman, Harold J. Krent, Dept. of Justice, Washington, D.C., for defendants-appellants.

Before FAIRCHILD, FLETCHER and CANBY, Circuit Judges.

FLETCHER, Circuit Judge:

This case is one of three lawsuits brought by members of the public in federal district courts seeking to force Attorney General William French Smith to comply with the provisions of the Ethics in Government Act, 28 U.S.C. §§ 591-598 (1982) [Ethics Act]. All three district courts concluded that the Ethics Act imposes mandatory duties upon the Attorney General and found that he had unlawfully failed to perform them. All three courts...

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