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MACHIN v. ZUCKERT

No. 16732.

316 F.2d 336 (1963)

Jack S. MACHIN, Appellant, v. Eugene M. ZUCKERT, Secretary of the Air Force, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 17, 1963.

Supplemental Opinion March 9, 1963.

Petition for Rehearing Denied May 13, 1963.

Attorney(s) appearing for the Case

Mr. Harry S. Wender, Washington, D. C., with whom Mr. Jules Fink, Washington, D. C., was on the brief, for appellant.

Miss Kathryn H. Baldwin, Atty., Dept. of Justice, of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of court, with whom Asst. Atty. Gen., William H. Orrick, Jr., and Messrs. David C. Acheson, U. S. Atty., and John G. Laughlin, Jr., Atty., Dept. of Justice, were on the brief, for appellee. Mr. Jerry C. Straus, Atty., Dept. of Justice, also entered an appearance for appellee.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc May 13, 1963.

WASHINGTON, Circuit Judge.

In this case appellant seeks the production of certain reports in the files of the Department of the Air Force, concerning an aircraft accident in which appellant was badly injured. The Secretary of the Air Force has asserted a claim of privilege. The present appeal is from an order of the United States District Court for the District of Columbia quashing a subpoena served...

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