NATIONAL TREASURY EMP. U. v. KURTZ

No. 77-1809.

600 F.2d 984 (1979)

NATIONAL TREASURY EMPLOYEES UNION, Appellant, v. Jerome KURTZ, Commissioner of Internal Revenue Service, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 1979.


Attorney(s) appearing for the Case

John F. Bufe, Washington, D. C., with whom Robert M. Tobias, Washington, D. C., was on the brief, for appellant.

Brian G. Kennedy, Atty., Dept. of Justice, Washington, D. C., a member of the Bar of the District of Columbia Court of Appeals, pro hac vice by special leave of court, with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

Before BAZELON and ROBINSON, Circuit Judges, and GASCH, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by GASCH, District Judge.

GASCH, District Judge:

INTRODUCTION

The National Treasury Employees Union (NTEU) appeals from a District Court order dismissing its complaint on a motion for judgment on the pleadings. The complaint challenged the facial constitutionality of certain personnel rules of the Internal Revenue Service, as well as their application by means of an IRS Regional Commissioner's memorandum.

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