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IN RE U.S. CATHOLIC CONFERENCE

No. 1486. Docket 86-6092.

824 F.2d 156 (1987)

In re UNITED STATES CATHOLIC CONFERENCE and National Conference of Catholic Bishops, Appellants. ABORTION RIGHTS MOBILIZATION, INC., Lawrence Lader, Margaret O. Strahl, M.D., Helen W. Edey, M.D., Ruth P. Smith, National Womens Health Network, Inc., Long Island National Organization for Women-Nassau, Inc., Rabbi Israel Margolies, Reverend Bea Blair, Rabbi Balfour Brickner, Reverend Robert Hare, Reverend Marvin G. Lutz, Womens Center for Reproductive Health, Jennie Rose Lifrieri, Eileen Walsh, Patricia Sullivan Luciano, Marcella Michalski, Chris Niebrzydowski, Judith A. Seibel, Karen Decrow and Susan Sherer, Plaintiffs-Appellees, v. James A. BAKER, III, Secretary of the Treasury, and Roscoe L. Egger, Jr., Commissioner of Internal Revenue, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Wilfred R. Caron, Gen. Counsel, U.S. Catholic Conference, Washington, D.C. (Charles H. Wilson, Richard S. Hoffman, Williams & Connolly, Mark E. Chopko, Asst. Gen. Counsel, U.S. Catholic Conference, Washington, D.C., Joseph B. Valentine, Hughes Hubbard & Reed, New York City, on brief), for appellants.

Marshall Beil, New York City, for plaintiffs-appellees.

Gerald T. Ford, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Jane E. Booth and Steven E. Obus, Asst. U.S. Attys., New York City, on brief), for defendants.

Professor Edward McGlynn Gaffney, Jr., Los Angeles, Cal., and Michael J. Woodruff, Samuel E. Ericson, Kimberlee Wood Colby, Merrifield, Va., filed a brief on behalf of National Council of Churches of Christ in the U.S.A., et al., as amici curiae.

Before NEWMAN, KEARSE and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal from an adjudication of civil contempt presents the interesting and apparently novel question whether a non-party witness has standing on appeal to challenge a district court's subject matter jurisdiction over the lawsuit in which the witness has been compelled to furnish evidence. The issue arises on an appeal by the United States Catholic Conference ("USCC") and the National Conference of Catholic Bishops ("NCCB") (collectively...

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