AMERICAN FRIENDS SERV. COM. v. DEPT. OF DEFENSE

No. 86-1662.

831 F.2d 441 (1987)

AMERICAN FRIENDS SERVICE COMMITTEE, Appellant, v. DEPARTMENT OF DEFENSE operating through the DEFENSE LOGISTICS AGENCY, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 19, 1987.


Attorney(s) appearing for the Case

Julie Shapiro (argued), Maguigan, Shapiro, Engle & Tiryak, David Rudovsky, Kairys & Rudovsky, Philadelphia, Pa., for appellant.

Catherine Votaw (argued), Asst. U.S. Atty., Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Philadelphia, Pa., for appellee.

Before SLOVITER, BECKER and GARTH, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This case concerns a Freedom of Information Act request by the American Friends Service Committee (AFSC) addressed to the Department of Defense (DoD) pursuant to 5 U.S.C. § 552 (1982). DoD denied the request, invoking two exemptions in support of its denial. The first, contained in 5 U.S.C. § 552(b)(1), is the national security exemption. The second, contained in id. § 552(b)(3), concerns...

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