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ALAN GUTTMACHER INSTITUTE v. McPHERSON

No. 83 Civ. 4461-CSH.

616 F.Supp. 195 (1985)

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.; and 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 of 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.

June 17, 1985.

Attorney(s) appearing for the Case

Suzanne M. Lynn, Janet Benshoof, Nan D. Hunter, Verna C. Sanchez, Burt Neuborne, American Civil Liberties Union Foundation, Samuel Whitney Seymour, John L. Hardiman, Arthur Eisenberg, Steven Shapiro, Madeline Kochen, New York Civil 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 General Counsel, Agency for Intern. Development, Robert M. Wolff, Atty., Civ. Div., Federal Programs Branch, Dept. of Justice, Washington, D.C., of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

As originally filed, this action challenged the decision of the Agency for International Development ("AID") not to renew a funding grant for a journal, International Family Planning Perspectives ("Perspectives"), published by plaintiff The Alan Guttmacher Institute ("the Institute"). In a Memorandum Opinion and Order of November 27, 1984, reported as Alan Guttmacher Institute v. McPherson,<...

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