CLARKE v. U.S.

No. 88-5439.

915 F.2d 699 (1990)

David A. CLARKE, et al., Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 2, 1990.


Attorney(s) appearing for the Case

Alfred Mollin, Atty., with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Michael Jay Singer and Jacob M. Lewis, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellant. John C. Harrison, Washington, D.C., also entered an appearance for appellant.

I. Michael Greenberger, with whom Gregory E. Mize, James R. Bird, and Richard M. Wyner, Washington, D.C. were on the brief, for appellees.

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


Opinion for the Court filed by Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge BUCKLEY, in which Circuit Judge D.H. GINSBURG joins.

Dissenting opinion filed by Circuit Judge EDWARDS, in which Circuit Judges MIKVA and RUTH BADER GINSBURG and Senior Circuit Judge ROBINSON join.

STEPHEN F. WILLIAMS, Circuit Judge:

In Gay Rights Coalition v. Georgetown University,

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