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ANIMAL LEGAL DEFENSE FUND, INC. v. SHALALA

No. 96-5011.

104 F.3d 424 (1997)

ANIMAL LEGAL DEFENSE FUND, INC., et al., Appellants, v. Donna E. SHALALA, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1997.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Washington, DC, argued the cause for appellants, with whom Katherine A. Meyer, Washington, DC, and Valerie J. Stanley, Rockville, MD, were on the briefs.

Alisa B. Klein, Attorney, United States Department of Justice, Washington, DC, argued the cause for appellees Donna Shalala et al., with whom Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, and Mark B. Stern, Attorney, United States Department of Justice, were on the brief. Patricia A. Millett, Attorney, Los Angeles, CA, entered an appearance.

Richard A. Meserve, Washington, DC, argued the cause for appellee National Academy of Sciences, with whom Elliott Schulder, James R. Wright and Audrey Byrd Mosley were on the brief. John F. Duffy, Fresno, CA, entered an appearance.

Before: SILBERMAN, GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellants challenge the district court's determination that a National Academy of Sciences committee, which promulgates and revises a guide on the care and use of laboratory animals for government agencies, is not subject to the Federal Advisory Committee Act because it is not "utilized" within the meaning of the statute. We reverse.

I.

The National Academy...

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