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SCHECHTER v. WEINBERGER

No. 73-1797.

506 F.2d 1275 (1974)

Malvin SCHECHTER, Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 3, 1974.

Attorney(s) appearing for the Case

Ronald L. Plesser, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief, for appellant.

Michael Kimmel, Atty., Dept. of Justice, with whom Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, and Leonard Schaitman, Atty., Dept. of Justice, were on the brief for appellee. Walter H. Fleischer, Atty., Dept. of Justice, also entered an appearance for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and MacKINNON, Circuit Judges.

FAHY, Senior Circuit Judge:

The Secretary of Health, Education and Welfare denied appellant an opportunity to inspect and copy certain survey reports prepared by state agencies dealing with Medicare services at a Portland, Orgeon medical laboratory and a Boston hospital. The Secretary's refusal of access to these reports was due in part to his reliance upon section 1106(a) of the Social Security Act, 42 U.S.C. § 1306(a).1 Appellant...

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