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WOLFE v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 86-5017.

839 F.2d 768 (1988)

Sidney M. WOLFE, et al. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1988.

Attorney(s) appearing for the Case

James M. Spears, Deputy Asst. Atty. Gen., with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., Robert Kopp, Leonard Schaitman and Alfred Mollin, Dept. of Justice, were on the brief, for appellant.

William B. Schultz, with whom Alan B. Morrison was on the brief, for appellees.

Before WALD, Chief Judge, ROBINSON, MIKVA, EDWARDS, RUTH BADER GINSBURG, BORK, STARR, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG and SENTELLE, Circuit Judges.

Argued En Banc December 2, 1987.

Opinion for the court filed by Circuit Judge BORK in which STARR, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG and SENTELLE, Circuit Judges, join.

Dissenting opinion filed by Chief Judge WALD with whom SPOTTSWOOD W. ROBINSON, III, MIKVA, HARRY T. EDWARDS and RUTH BADER GINSBURG, Circuit Judges, join.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS with whom WALD, Chief Judge, SPOTTSWOOD W. ROBINSON, III, MIKVA...

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