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CONCERNED ABOUT TRIDENT v. RUMSFELD

Nos. 75-1515, 75-2053.

555 F.2d 817 (1977)

CONCERNED ABOUT TRIDENT et al., Appellants, v. Donald H. RUMSFELD, Individually and as Secretary of the Department of Defense, et al. (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided October 13, 1976.

As Amended July 13, 1977.

Attorney(s) appearing for the Case

David Sive, New York City, with whom Ronald J. Wilson, Washington, D.C., was on the brief for appellants.

Carl Strass, Atty., Dept. of Justice, Washington, D.C., with whom Peter R. Taft, Asst. Atty. Gen., Irwin L. Schroeder, Jr., and Edmund B. Clark, Attys., Dept. of Justice, Washington, D.C., were on the brief for federal appellees. Wallace H. Johnson, Asst. Atty. Gen., Washington, D.C., at the time the record was filed, also entered an appearance for Federal appellees.

Raymond M. Momboisse, Sacramento, Cal., with whom Ronald A. Zumbrun, Sacramento, Cal., John H. Midlen, Jr., and Glenn E. Davis, Washington, D.C., were on the brief for appellee, Pacific Legal Foundation.

Kenneth A. MacDonald, Seattle, Wash., filed a brief on behalf of American Friends Service Committee as amicus curiae in 75-2053 urging reversal.

Before TAMM and LEVENTHAL, Circuit Judges and KAUFMAN, United States District Judge for the District of Maryland.

Opinion PER CURIAM.

Opinion by Circuit Judge TAMM.

Concurring opinion filed by Circuit Judge LEVENTHAL.

PER CURIAM:

The opinion of Judge Tamm is an opinion for the Court. While Judges Leventhal and Kaufman concur generally in that opinion, they wish to express certain refinements on the reasoning. In these respects the opinion of Judge Leventhal is also an opinion for the Court.

TAMM, Circuit Judge.

The appellants here, Concerned...

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