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CONSUMERS UNION OF UNITED STATES, INC. v. VETERANS ADMIN.

Nos. 165, 166, Dockets 33978, 34160.

436 F.2d 1363 (1971)

CONSUMERS UNION OF UNITED STATES, INC., Plaintiff-Appellant, v. VETERANS ADMINISTRATION, W. J. Driver, Administrator of Veterans Affairs of the Veterans Administration, Francis E. Blalock, Chief, Paperwork Management Division, Medical Administrative Service, Department of Medicine and Surgery, Veterans Administration, and H. M. Engle, M.D., Chief Medical Director, Department of Medicine and Surgery, Veterans Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 15, 1971.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City (Karpatkin, Ohrenstein & Karpatkin, Michael N. Pollet, and Barry Satlow, New York City, on the brief), for plaintiff-appellant.

Robert V. Zener, Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C. and Whitney North Seymour, Jr., U. S. Atty., Southern District of New York, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Consumers Union appeals from that part of the district court judgment denying its request for an injunction ordering the Veterans Administration (VA) to disclose comparative scores and the scoring schemes relating to tests conducted by the VA on hearing aids. The court did order the VA to disclose the raw test data. 301 F.Supp. 796 (S. D.N.Y.1969).

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