DKT MEMORIAL FUND LTD. v. AGENCY FOR INTERN. DEV.

Nos. 88-5243, 88-5266.

887 F.2d 275 (1989)

DKT MEMORIAL FUND LTD., et al., Appellees, v. AGENCY FOR INTERNATIONAL DEVELOPMENT, et al., Appellants. DKT MEMORIAL FUND LTD., et al., Appellants, v. AGENCY FOR INTERNATIONAL DEVELOPMENT, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 10, 1989.

As amended October 10, 1989.


Attorney(s) appearing for the Case

James F. Fitzpatrick, with whom Michael T. Shor, Gwyn F. Murray, Richard A. Frank and Michael E. Fine, Washington, D.C., were on the brief, for appellants/cross appellees.

Neil H. Koslowe, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and William Kanter, Deputy Director, Dept. of Justice, Washington, D.C., were on the brief, for appellees/cross appellants.

Walter B. Slocombe, Ass'n for Voluntary Surgical Contraception, et al., Washington, D.C., with whom Janet Benshoof and Rachael N. Pine, American Civil Liberties Union, New York City, were on the joint brief, for amici curiae urging reversal.

Before RUTH BADER GINSBURG and SENTELLE, Circuit Judges, and RE.


Opinion for the Court filed by Circuit Judge SENTELLE.

Opinion, concurring in part and dissenting in part, filed by Circuit Judge RUTH BADER GINSBURG.

SENTELLE, Circuit Judge:

These consolidated cross-appeals arise from a decision of the United States District Court for the District of Columbia determining statutory and constitutional challenges to abortion-related executive restrictions on the use of population planning funds granted by the Agency...

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