Gordon J. HUMPHREY, Senator, et al., Appellants
v.
James A. BAKER, Secretary of the Treasury, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 29, 1988.
Decided May 31, 1988.
Attorney(s) appearing for the Case
William C. Lane, with whom William A. Strauss and Alan B. Morrison, Washington, D.C., were on the brief, for appellants.
Janina Jaruzelski, Asst. Counsel to the Clerk, U.S. House of Representatives, with whom Steven R. Ross, Gen. Counsel to the Clerk and Charles Tiefer, Deputy Gen. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., were on the brief, for appellee the Honorable Jack Russ, Sergeant at Arms.
Morgan J. Frankel, Asst. Senate Legal Counsel, with whom Michael Davidson, Senate Legal Counsel, Ken V. Benjamin, Jr., Deputy Senate Legal Counsel, Susan B. Fine, Asst. Senate Legal Counsel, Washington, D.C., Kevin M. Forde, Chicago, Ill., and Richard J. Pendergast were on the joint brief, for appellees Secretary of the Senate and Intervenor Judges.
John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. and Douglas Letter, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellee, Secretary of the Treasury. Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellee, Secretary of the Treasury.
Before WALD, Chief Judge, and EDWARDS and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court by Circuit Judge STARR.
STARR, Circuit Judge:
Senator Gordon Humphrey and five Members of the House of Representatives appeal from the District Court's dismissal of their attack on the constitutionality of the Federal Salary Act of 1967, as amended.1 665 F.Supp. 230. The case raises once again questions concerning the doctrine of equitable discretion, a principle that guides the courts of this circuit in determining...
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