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WASHINGTON RESEARCH PROJ., INC. v. DEPARTMENT OF H., E. & W.

No. 74-1027.

504 F.2d 238 (1974)

WASHINGTON RESEARCH PROJECT, INC. v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1974.

Rehearing Denied November 18, 1974.

Attorney(s) appearing for the Case

David M. Cohen, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, were on the brief, for appellants. John A. Terry and Michael J. Ryan, Asst. U. S. Attys., also entered appearances for appellants.

Michael B. Trister, Washington, D. C., for appellee.

Bruce R. Hopkins and Robert O. Tyler, Washington, D. C., filed a brief on behalf of the Association of American Medical Colleges as amicus curiae urging reversal.

Before McGOWAN and ROBB, Circuit Judges, and WEIGEL, District Judge for the Northern District of California.

McGOWAN, Circuit Judge:

Appellee brought this action in the District Court to compel disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, of certain information pertaining to eleven specifically identified research projects that had been approved and funded by the National Institute of Mental Health (NIMH), a unit of the Public Health Service of the Department of Health, Education, and Welfare (HEW). The eleven projects all involve research...

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