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AVIATION CONSUMER ACTION PROJECT v. WASHBURN

No. 75-1086.

535 F.2d 101 (1976)

AVIATION CONSUMER ACTION PROJECT et al. v. C. Langhorne WASHBURN et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1976.

Rehearing and Rehearing Denied May 21, 1976.

Attorney(s) appearing for the Case

Judith S. Feigin, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Irving Jaffe, Acting Asst. Atty. Gen., Earl J. Silbert, U. S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief for appellants.

Morton Hollander, Atty., Dept. of Justice, and Peter R. Reilly, Asst. U. S. Atty., Washington, D. C., also entered appearances for appellants.

Reuben B. Robertson, III, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief for appellees.

Before MacKINNON and ROBB, Circuit Judges and BRODERICK, United States District Judge for the Eastern District of Pennsylvania.

Rehearing and Rehearing En Banc Denied May 21, 1976.

BRODERICK, District Judge:

This is an appeal from an order of the district court dated September 6, 1974 granting summary judgment to the plaintiffs (appellees), which order declared that exemption five of the Freedom of Information Act, 5 U.S.C. § 552(b)(5), "is inapplicable and cannot be invoked by the defendants (appellants) or their agents or employees...

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