Foundation on Economic Trends v. Heckler

by the United States Court of Appeals for the D.C. Circuit

756 F.2d 143

FOUNDATION ON ECONOMIC TRENDS, et al.

v.

Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Regents of the University of California, a Corporation, Appellant

No. 84-5314, 84-5419

United States Court of Appeals,
District of Columbia Circuit.

December 5, 1984, Argued
February 27, 1985, Decided

J. Carol Williams, Dept. of Justice, Washington, District of Columbia, Joseph E. diGenova, U.S. Atty., Judith Bartnoff, Asst. U.S. Atty., and Martin W. Matzen, Atty., Dept. of Justice, Washington, District of Columbia, for federal Appellants.

William A. Anderson, III, Washington, District of Columbia, Darci L. Rock, Washington, District of Columbia, for Appellant Regents of the University of California.

Edward Lee Rogers, New York, New York, for Appellees Foundation on Economic Trends et al.

Sheldon E. Steinbach, Washington, District of Columbia, for Amici Curiae American Council on Education et al., urging reversal.

Wright and Mikva, Circuit Judges, and MacKinnon, Senior Circuit Judge. Opinion for the court filed by Circuit Judge J. Skelly Wright. Concurring opinion filed by Senior Circuit Judge MacKinnon.