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SDC DEVELOPMENT CORP. v. MATHEWS

No. 75-3717.

542 F.2d 1116 (1976)

SDC DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 17, 1976.

Attorney(s) appearing for the Case

J. D. Frascella (argued), Santa Monica, Cal., for plaintiff-appellant.

Michael Kimmel, Atty. (argued), of Civil Div., Appellate Sec., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before TRASK, GOODWIN and KENNEDY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1976.

ANTHONY M. KENNEDY, Circuit Judge:

In this case of first impression we consider whether a complete reference library of medical writings and publications, accumulated and stored in a computer data bank by an agency of the federal government, constitutes "agency records" for the purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and must therefore be made available to the public...

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