No. 73-1984.

494 F.2d 1073 (1974)

Clarence DITLOW et al. v. Claude S. BRINEGAR, Secretary of the Department of Transportation, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1974.

Attorney(s) appearing for the Case

David M. Cohen, Atty. Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, and Walter H. Fleischer, Atty., Dept. of Justice, were on the brief, for appellants. Morton Hollander, Leonard Schaitman, Attys., Dept. of Justice, also entered an appearance for appellants.

Larry P. Ellsworth, Washington, D. C., with whom Ronald L. Plesser and Alan B. Morrison, Washington, D. C., were on the brief, for appellees.

Before McGOWAN, ROBINSON and ROBB, Circuit Judges.


The only issue on this appeal is whether appellees have a right of access under the Freedom of Information Act, 5 U.S.C. § 552, to correspondence between the National Highway Traffic Safety Administration and automobile manufacturers in connection with pending safety defect investigations.1 The District Court, in an opinion reported at 362 F.Supp. 1321

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