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BELL v. UNITED STATES

No. 77-1142.

563 F.2d 484 (1977)

Ernest L. BELL, III, Plaintiff, Appellant, v. UNITED STATES of America et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 9, 1977.

Attorney(s) appearing for the Case

Ernest L. Bell, III, Keene, N. H., with whom Bell & Falk, Keene, N. H., was on brief, for plaintiff, appellant.

Irving Jaffe, Deputy Asst. Atty. Gen., Civil Div., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., and William J. Deachman, U. S. Atty., Concord, N. H., were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, LAY and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Appellant brought suit under the Freedom of Information Act, 5 U.S.C. § 552 et seq., to compel disclosure of certain documents gathered and collated by the Allied Intelligence Services under the so-called "ULTRA" program during World War II. The National Security Agency resists disclosure of most of the requested material, claiming exemption under § 552(b)(1) for material "specifically authorized under criteria established by...

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