WEISBERG v. U. S. DEPARTMENT OF JUSTICE

No. 71-1026.

489 F.2d 1195 (1973)

Harold WEISBERG, Appellant, v. U. S. DEPARTMENT OF JUSTICE.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1973.


Attorney(s) appearing for the Case

Bernard Fensterwald, Jr., Washington, D. C., with whom James H. Lesar, Washington, D. C., was on the brief, for appellant.

Walter H. Fleischer, Atty., Dept. of Justice, with whom Asst. Atty. Gen. L. Patrick Gray, III, at the time the brief was filed, Thomas A. Flannery, U. S. Atty., at the time the brief was filed, Harold H. Titus, Jr., U. S. Atty., and Barbara L. Herwig, Atty., Dept. of Justice, were on the brief, for appellee. Alan S. Rosenthal, Atty., Dept. of Justice, also entered an appearance for appellee.

Before: BAZELON, Chief Judge, DANAHER, Senior Circuit Judge, WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.


Opinion for the Court filed by Senior Circuit Judge DANAHER.

Dissenting opinion filed by Chief Judge BAZELON."

ON REHEARING EN BANC

DANAHER, Senior Circuit Judge:

Relying upon 5 U.S.C. § 552(a)(3) of the Freedom of Information Act, appellant in the district court sought to compel disclosure of certain materials1 compiled by the Federal Bureau of Investigation following...

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