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AMERICAN POSTAL WORKERS UNION, AFL-CIO v. U.S.

No. 90-5041.

925 F.2d 480 (1991)

AMERICAN POSTAL WORKERS UNION, AFL-CIO v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 1991.

Attorney(s) appearing for the Case

Robert S. Pomerance, Atty., Dept. of Justice, with whom Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen and Bruce R. Ellisen, Attys., Dept. of Justice, Washington, D.C., were on the brief for appellant.

Robert E. Falb for appellee. Bardyl R. Tirana, Washington, D.C., also entered an appearance for appellee.

Paul S. Berger, Cynthia M. Lewin and Laurence Gold, Washington, D.C., were on the brief for amicus curiae urging that the judgment of the District Court be sustained.

Before MIKVA, Chief Judge, WILLIAMS and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The American Postal Workers Union, AFL-CIO, a tax-exempt organization under § 501(c)(5) of the Internal Revenue Code, sponsors a health plan for its members and their dependents. It also permits classified federal employees who are not postal workers to participate in the plan on payment of regular insurance premiums and an annual fee of $35. It calls the $35 payment...

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