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depicting the theories of evolution or expending appropriated funds therefor, or, in the alternative, to compel the Smithsonian to expend an amount equal to that spent on evolution theory on the presentation of the "creation/design" theory based on the Book of Genesis. The motion to dismiss filed on behalf of the Smithsonian was granted in Dec. 1978. Plaintiffs have appealed the adverse decision to the U. S. Court of Appeals. Oral arguments were heard on January 8, 1980, and a decision of the Appeals Court is pending.

2. [[underlined]]Disposition of Old Woman Mountains Meteorite[[/underlined]]

the Old Woman Mountains meteorite was found in 1976 by private individuals on Federal land in Southern California under the jurisdiction of the Department of the Interior. It was transferred by the Interior Department to the Smithsonian Institution for accession in into the national collections That. Subsequent litigation, in which the finders, the Museum of the County of San Bernardino, and the State of California have asserted ownership, reached the procedural stage of oral argument on the merits before the Ninth Circuit Court of Appeals on January 9, 1980. The Justice Department has advised that the Court probably will reach a decision in the case within the next 3 to 6 months.

3. [[underlined]]Foster v. Ripley et al.[[/underlined]]

Plaintiff, a former employee of the Smithsonian Science Information Exchange, Inc., filed this suit in the U. S. District Court for the District of Columbia on August 6, 1976, alleging that his removal from office was in derogation of his right to due process under the Fifth Amendment and his right to free speech under the First Amendment, and seeking reinstatement, back pay, and damages. Cross-motions on summary judgment were argued on January 11, 1979. On August 23, 1979, the court entered a summary judgment in favor of the defendants. Plaintiff's appeal of this decision is now being briefed.

4. [[underlined]]Scherer v. Ripley[[/underlined]]

Plaintiff, a civil service employee of the Smithsonian, filed an internal EEO complaint in 1974, alleging sex discrimination. Several months after the complaint had been settled in plaintiff's favor, she complained further that she had been subjected to reprisals and harassment by her supervisor after the settlement. Investigation of these allegations resulted in findings supporting the charges in part, and administrative action was taken against the supervisor, this suit, filed in the U. S. District Court for the District of Columbia in October 1977, alleges that the administrative action taken by the Smithsonian failed to provide plaintiff with adequate relief, and she asked for remedial action in the form of retroactive promotion of Back Bay, compensatory damages, and other administrative measures. The case was tried on November 7-8, 1979. A decision by the Court is pending.