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STAEBLER v. CARTER

Civ. A. No. CA 78-2028.

464 F.Supp. 585 (1979)

Neil STAEBLER et al., Plaintiffs, v. Jimmy CARTER et al., Defendants.

United States District Court, District of Columbia, Civil Division.

January 8, 1979.

Attorney(s) appearing for the Case

Kenneth J. Guido, Jr., Washington, D. C., for plaintiffs.

Neil H. Kaslowe, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for defendants.

OPINION

HAROLD H. GREENE, District Judge.

This case involves the question of the power of the President to make a recess appointment of a member of an independent regulatory commission to replace a commissioner whose statutory term has expired and who claims entitlement to hold over pending the qualification of his successor by Senate confirmation. The matter is one of first impression in the federal courts.

I

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