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FED. EMP. FOR NON-SMOKERS' RIGHTS (FENSR) v. U. S.

Civ. A. No. 77-1059.

446 F.Supp. 181 (1978)

FEDERAL EMPLOYEES FOR NONSMOKERS' RIGHTS (FENSR) et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court, District of Columbia.

March 1, 1978.

Attorney(s) appearing for the Case

Joel D. Joseph, Paul D. Kamerar, Washington, D. C., for plaintiffs.

Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., David J. Anderson, Catherine A. Ribnick, Washington, D. C., for defendants.

MEMORANDUM

CHARLES R. RICHEY, District Judge.

This case is before the Court on the plaintiffs' motion for summary judgment and the defendants' motion for judgment on the pleadings. For the reasons hereinafter stated, the Court finds that the defendants are entitled to a judgment on the pleadings as to counts 2 (29 U.S.C. § 668(a)), 3 (fifth amendment), and 4 (first amendment) of the complaint. The Court concludes that further briefing is required as...

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