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SCHAFFER v. KISSINGER

No. 74-1182.

505 F.2d 389 (1974)

Frederick P. SCHAFFER, Appellant, v. Henry A. KISSINGER, Secretary of State, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 10, 1974.

Attorney(s) appearing for the Case

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

William Kanter, Atty., Dept. of Justice with whom Earl J. Silbert, U. S. Atty., was on the brief for appellee. Thomas G. Wilson, Atty., Dept. of Justice, entered an appearance for appellee.

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

PER CURIAM:

Plaintiff, Frederick P. Schaffer, appeals from an order of the district court granting summary judgment in favor of defendant, the Secretary of State, in a suit brought under the Freedom of Information Act [FOIA], 5 U.S.C. § 552. We vacate the order and remand for further proceedings in accordance with the following.

On July 28, 1972, appellant, by letter, asked the State Department for access to...

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