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AMERICAN ASS'N OF RETIRED PERSONS v. E.E.O.C.

Nos. 87-5060, 87-5161.

823 F.2d 600 (1987)

AMERICAN ASSOCIATION OF RETIRED PERSONS, et al. v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1987.

Attorney(s) appearing for the Case

Mark B. Stern, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Michael Jay Singer, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Raymond C. Fay, with whom Thomas R. Gibbon and Burton D. Fretz, Washington, D.C., were on brief, for appellees.

Before RUTH BADER GINSBURG, BUCKLEY, and WILLIAMS, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

This case began as a suit to check an agency's alleged unreasonable delay; but because circumstances changed, it became a challenge to an agency's final decision not to take action. As it is now positioned, the case raises the following question: May a district court order an agency to proceed with rulemaking and publish final regulations adopting a particular interpretation of an...

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