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WEINBERGER v. ROSSI

No. 80-1924.

456 U.S. 25 (1982)

102 S.Ct. 1510

71 L.Ed.2d 715

WEINBERGER, SECRETARY OF DEFENSE, ET AL. v. ROSSI ET AL.

Supreme Court of United States.

Decided March 31, 1982.

Attorney(s) appearing for the Case

Barbara E. Etkind argued the cause for petitioners. With her on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, Deputy Solicitor General Geller, William G. Kanter, and Freddi Lipstein.

Randy M. Mott argued the cause for respondents. With him on the brief were Raymond J. Rasenberger, Charles J. Simpson, Jr., J. Stanley Pottinger, Warren L. Dennis, and Carolyn Dye.*

JUSTICE REHNQUIST delivered the opinion of the Court.

Section 106 of Pub. L. 92-129, 85 Stat. 355, note following 5 U. S. C. § 7201 (1976 ed., Supp. IV), prohibits employment discrimination against United States citizens on military bases overseas unless permitted by "treaty." The question in this case is whether "treaty" includes executive agreements concluded by the President with the host country, or whether the term is limited to those international agreements...

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