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POPULATION INSTITUTE v. McPHERSON

Nos. 85-6042, 85-6043.

797 F.2d 1062 (1986)

POPULATION INSTITUTE, Population Council, et al., Appellants, v. M. Peter McPHERSON, Administrator, et al. POPULATION INSTITUTE, Appellant, William S. Green, et al. v. M. Peter McPHERSON, Administrator, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 1986.

Attorney(s) appearing for the Case

Stanley J. Marcuss, with whom Dorothy A. Doherty and George V. Allen, Jr., Washington, D.C. were on brief, for appellant in Nos. 85-6042 and 85-6043.

Robert V. Zener, Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty. and Leonard Schaitman, Dept. of Justice, Washington, D.C. were on brief, for appellees in Nos. 85-6042 and 85-6043.

Before MIKVA and BORK, Circuit Judges, and GREENE, District Judge.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Administrator of the Agency for International Development (AID) has withheld ten million dollars earmarked by Congress for the United Nations Fund for Population Activities (UNFPA). The Administrator determined that a statutory prohibition on funding "any organization ... which ... supports or participates in the management of a program of coercive abortion or involuntary sterilization...

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