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CENTER FOR NAT. POL. REV. ON RACE & URB. IS. v. WEINBERGER

Nos. 73-1090, 73-1093.

502 F.2d 370 (1974)

CENTER FOR NATIONAL POLICY REVIEW ON RACE AND URBAN ISSUES et al. v. Caspar W. WEINBERGER, Secretary, Department of Health, Education and Welfare, et al., Appellants (two cases).

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied August 30, 1973.

Decided May 21, 1974.

Attorney(s) appearing for the Case

Ronald R. Glancz, Atty., Dept. of Justice with whom Harold H. Titus, Jr., U. S. Atty., was on the brief for appellants. Walter H. Fleischer, Atty., Dept. of Justice also entered an appearance for appellants.

John Silard, Washington, D.C., with whom Joseph L. Rauh, Jr. and Elliott C. Lichtman, Washington, D.C., were on the brief, for appellees.

Before DANAHER, Senior Circuit Judge, LEVENTHAL, Circuit Judge, and KAUFMAN, United States Judge for the District of Maryland.

Rehearing Denied in No. 73-1090 August 30, 1973.

LEVENTHAL, Circuit Judge:

The issue before us is whether the Secretary of Health, Education and Welfare may resist disclosure of the material of 22 "open and active" files involving agency review of public school segregation and discrimination practices in northern localities. We hold that such material falls within exemption 7 of the Freedom of Information Act and reverse the order of the District Court requiring...

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