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ALAN GUTTMACHER INSTITUTE v. McPHERSON

No. 83 Civ. 4461-CSH.

597 F.Supp. 1530 (1984)

The ALAN GUTTMACHER INSTITUTE; Richard Udry, Ph.D.; Larry Bumpass, Ph.D.; Charles F. Westoff, Ph.D.; John G. Kantner, Ph.D.; Ronald Freedman, Ph.D.; Samuel Preston, Ph.D., Plaintiffs, v. M. Peter McPHERSON, Administrator of the Agency for International Development (AID) and Director of the International Development Cooperation Agency; Jay Morris, Deputy Administrator for AID; Richard R. Miller, former Chairman of the Communications Review Board for AID, and his successor in office; and Walter Rockwood, Mary Beth Bloomberg, Dee Ann Smith, Kate Semerad, Don Thieme, Doug Trussell, and Beth Hogan, members of the Communications Review Board for AID, and their successors in office; George P. Shultz, Secretary of State; David A. Stockman, Director of the Office of Management and Budget, Defendants.

United States District Court, S.D. New York.

Order December 6, 1984.

Attorney(s) appearing for the Case

Suzanne M. Lynn, Janet Benshoof, Nan D. Hunter, Burt Neuborne, American Civ. Liberties Union Foundation, Samuel Whitney Seymour, John L. Hardiman, New York City, Steven R. Shapiro, Arthur Eisenberg, Madeline Kochen, N.Y. Civ. Liberties Union, New York City, for plaintiffs; William Josephson, Fried, Frank, Harris, Shriver & Jacobson, New York City, Lawrence R. Sidman, Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C., of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Denny Chin, Asst. U.S. Atty., New York City, Stephen L. Wilson, Atty. Advisor, Office of the Gen. Counsel, Agency for Intern. Development, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge.

This action challenges the decision of the Agency for International Development ("AID") not to renew a grant which provided funding for publication of International Family Planning Perspectives ("Perspectives"), a journal published by plaintiff The Alan Guttmacher Institute ("the Institute"). Defendants have moved for judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ.P., raising...

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