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EPSTEIN v. RESOR

No. 24275.

421 F.2d 930 (1970)

Julius EPSTEIN, Plaintiff-Appellant, v. Stanley RESOR, Secretary of the Army; Department of the Army; Department of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 6, 1970.

Attorney(s) appearing for the Case

Michael L. Klynn (argued), Roger L. Mosher, of Wilson, Mosher & Martin, Palo Alto, Cal., for plaintiff-appellant.

Leonard Schaitman (argued), Morton Hollander, Attys., Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Civil Div., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for defendants-appellees.

Michael Traynor (argued), Donatas Januta, Paul N. Halvonik, ACLU, San Francisco, Cal., Preble Stolz, Berkeley, Cal., amicus curiae.

Before MERRILL, KOELSCH and HUFSTEDLER, Circuit Judges.

MERRILL, Circuit Judge:

This suit was brought pursuant to the Freedom of Information Act, 5 U.S.C. § 552(a) (3)1 to enjoin appellee, as Secretary of the Army, from continuing to withhold from appellant documents contained in an Army file.

Appellant, a historian, is research associate at Stanford University's Hoover Institution on War, Revolution and Peace. His special interest concerns war refugees. He is preparing a book...

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