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ROSE v. DEPARTMENT OF AIR FORCE

No. 9, Docket 73-1264.

495 F.2d 261 (1974)

Michael T. ROSE et al., Plaintiffs-Appellants, v. DEPARTMENT OF the AIR FORCE et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1974.

Attorney(s) appearing for the Case

Barrington D. Parker, Jr., New York City (American Civil Liberties Union Foundation, John H. F. Shattuck, Melvin L. Wulf, Sanford Jay Rosen, New York City, on the brief), for plaintiffs-appellants.

Leonard Schaitman, Asst. Chief, Appellate Section, Dept. of Justice, Washington, D. C. (Harlington Wood, Jr., Asst. Atty. Gen., Donald Etra, Atty., Dept. of Justice, Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., William R. Bronner, Gerald A. Rosenberg, T. Gorman Reilly, Asst. U. S. Attys., on the brief), for defendants-appellees.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

We are faced in this case with construing two of the exemptions in the Freedom of Information Act (the Act), 5 U.S.C. § 552, one of the many recent federal statutes that bring new and difficult cases into the federal courts.1 As is frequently the case with such legislation, we have little to guide us in the way of precedent, and the brevity and generality of the statutory formulations leave much to be decided...

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