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NATIONAL TREASURY EMPLOYEES UNION v. U.S.

Nos. 92-5085, 92-5139, 92-5170, 92-5235, 92-5236 and 92-5237.

990 F.2d 1271 (1993)

NATIONAL TREASURY EMPLOYEES UNION, et al., Appellants, v. UNITED STATES of America, et al., NATIONAL TREASURY EMPLOYEES UNION, et al., Appellants, v. UNITED STATES of America, et al., Peter G. CRANE, et al., Appellants, v. UNITED STATES of America, et al., NATIONAL TREASURY EMPLOYEES UNION, et al., v. UNITED STATES of America, et al., Appellants. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., v. UNITED STATES of America, et al., Appellants. Peter G. CRANE, et al., v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1993.

As Amended April 8, 1993.

Attorney(s) appearing for the Case

Alfred Mollin, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and John C. Hoyle, were on the brief, for appellants. Michael Jay Singer entered an appearance for appellants.

Gregory O'Duden, with whom Elaine Kaplan, Barbara A. Atkin, Mark Roth, and Anne Wagner were on the brief, for appellees. John Vanderstar and Arthur Spitzer were on the reply brief for appellees. David F. Klein, Steven R. Shapiro, and Elizabeth Symonds entered an appearance for appellees.

Roger M. Witten, Carol F. Lee, Kenneth P. Stern, and Rebecca Arbogast were on the brief for amicus curiae Common Cause. Leslie A. Harris entered an appearance for amicus curiae Common Cause.

Before: WILLIAMS, SENTELLE and RANDOLPH,

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Concurring opinion filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge SENTELLE.

STEPHEN F. WILLIAMS, Circuit Judge:

In § 501(b) of the Ethics in Government Act, 5 U.S.C. app. § 501 et seq., Congress provided that "[a]n individual may not receive any honorarium while that individual is a Member [of Congress, or] officer or employee [of...

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