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PEOPLE OF STATE OF CALIFORNIA v. WEINBERGER

No. 73-1494.

505 F.2d 767 (1974)

PEOPLE OF the STATE OF CALIFORNIA, acting By and Through Evelle J. YOUNGER as Attorney General of California, et al., Plaintiffs-Appellants, v. Caspar W. WEINBERGER, as Secretary of the United States Department of Health, Education, and Welfare, and Mercia L. Kahn, as Regional Representative of the Bureau of Health Insurance, United States Department of Health, Education, and Welfare, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 7, 1974.

Attorney(s) appearing for the Case

Fred J. Hiestand (argued) of Public Advocates, Inc., San Francisco, Cal., for plaintiffs-appellants.

Michael Kimmel, Atty., U. S. Dept. of Justice, Washington, D. C., for defendants-appellees.

Before DUNIWAY and TRASK, Circuit Judges, and SMITH, District Judge.

OPINION

RUSSELL E. SMITH, District Judge.

Appellants, relying on the Freedom of Information Act (5 U.S.C. § 552), sought the disclosure of "Extended Care Facility Survey Reports" which were in the custody of the Secretary of Health, Education and Welfare. These are reports by which state agencies annually inform the Secretary about the performance of nursing and old-age homes which receive federal funds under...

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