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  5. 846 F.2d 1499 (1988)
 

HOTEL AND RESTAURANT EMPLOYEES UNION v. SMITH

No. 84-5859.

846 F.2d 1499 (1988)

HOTEL AND RESTAURANT EMPLOYEES UNION, LOCAL 25, et al., Appellants v. William French SMITH, U.S. Attorney General, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1988.

As Amended May 20, 1988.

Attorney(s) appearing for the Case

Michael H. Gottesman, for appellants. Richard A. Boswell also entered an appearance for appellants.

James M. Spears, Deputy Asst. Atty. Gen., with whom Richard K. Willard, Asst. Atty. Gen., Michael Jay Singer and Gregory C. Sisk, Attorneys, Dept. of Justice, were on the brief for appellees. Joseph E. diGenova, U.S. Atty., Thomas W. Hussey, Mark C. Walters and Patricia Kenney, Attorneys, Dept. of Justice also entered appearances for appellees.

Arthur Lazarus, Jr. and Richard H. Wyron also entered appearances for amicus curiae American Council for Nationalities Service.

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

Argued En Banc June 4, 1987.

PER CURIAM:

The judgment of the district court is affirmed by an equally divided court.

Separate Opinion filed by Circuit Judge MIKVA, in which Chief Judge WALD and Circuit Judges ROBINSON and EDWARDS join.

Separate Opinion filed by Circuit Judge SILBERMAN, in which Circuit Judges BUCKLEY, WILLIAMS and D.H. GINSBURG join.

MIKVA, Circuit Judge:

A long time ago, the plaintiffs Hotel and Restaurant...

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