MENARD v. SAXBE

No. 71-1768.

498 F.2d 1017 (1974)

Dale B. MENARD, Appellant, v. William B. SAXBE, Attorney General of the United States and Clarence M. Kelley.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1974.


Attorney(s) appearing for the Case

Ralph J. Temple, Washington, D. C., with whom Howard Adler, Jr., Bruce P. Saypol, R. Raymond Twohig, Law Student, Noah Menard, Robert A. W. Boraks, Thomas C. Arthur, Warren C. Nighswander and Keith S. Watson, Washington, D. C., were on the brief, for appellant.

James F. McMullin, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and Joseph M. Hannon, Asst. U. S. Attys., at the time the brief was filed, were on the brief, for appellees.

Before LEVENTHAL and ROBB, Circuit Judges, and GASCH, United States District Judge of the United States District Court for the District of Columbia.


LEVENTHAL, Circuit Judge:

Appellant Dale B. Menard brought this action praying that the files of the Federal Bureau of Investigation be purged of all information relating to his detention by the Los Angeles police on August 10, 1965. In prior proceedings before this court, we reversed summary judgment in favor of appellees because of the "necessity for a clear and complete factual record as a basis for adjudication." Menard v. Mitchell, 139 U.S.App.D.C. 113,

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