Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury

590 F.2d 1369, 1979 U.S. App. LEXIS 16353

Opinions

PER CURIAM:

There having been a rehearing of this case en banc, it is the judgment of the court that the judgment of the district court from which this appeal is taken be and the same is AFFIRMED.

The en banc court adopts as its opinion all of the dissenting panel opinion of Judge Homer Thornberry except for the final portion thereof, designated paragraph IV.¹

The panel dissenting opinion adopted by the en banc court is attached as an appendix.

Accordingly, the judgment of the district court is

AFFIRMED.

APPENDIX

1

. Paragraph IV of the panel dissent was devoted to an issue which would be appropriate were the district court’s judgment reversed. That alternative issue need not be, and is not, reached by the court en banc.

1

. 31 U.S.C. § 1221 et seq.