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CITY OF NEW HAVEN, CONN. v. UNITED STATES

Nos. 86-5319 to 86-5321.

809 F.2d 900 (1987)

CITY OF NEW HAVEN, CONNECTICUT v. UNITED STATES of America, Appellant. NATIONAL LEAGUE OF CITIES, et al. v. Samuel R. PIERCE, Jr., Secretary of H.U.D., et al., Appellants. CITY OF CHICAGO, a municipal corporation, et al. v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1987.

As Amended January 20, 1987.

Attorney(s) appearing for the Case

Douglas Letter, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., James M. Spears, Deputy Asst. Atty. Gen. and Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellants in Nos. 86-5319, 86-5320 and 86-5321.

Neil Proto, with whom Edward R. Venit, Washington, D.C., was on the brief for appellee, City of New Haven in No. 86-5319.

David C. Vladeck, with whom Alan B. Morrison, Eric R. Glitzenstein, Cynthia Pols, Washington, D.C., Joel D. Stein, Craig J. Hanson and Amy L. Beckett, Chicago, Ill., were on the joint brief for appellees, National League of Cities, et al. in Nos. 86-5320 and 86-5321.

Before EDWARDS and BORK, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

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

HARRY T. EDWARDS, Circuit Judge:

In this case, we are called upon to decide the extent of the President's statutory authority to delay (or "defer") the expenditure of funds appropriated by Congress. Under section 1013 of the Impoundment Control Act of 1974 ("ICA" or the "Act"), 2 U.S.C. § 684 (1982), the President must indicate his intention to defer a congressional appropriation by...

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