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MERRILL v. FED. OPEN MKT. COM. OF FED. RESERVE SYS.

No. 76-1379.

565 F.2d 778 (1977)

David R. MERRILL et al. v. FEDERAL OPEN MARKET COMMITTEE OF the FEDERAL RESERVE SYSTEM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 1977.

Attorney(s) appearing for the Case

Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., and Thomas G. Wilson, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellant.

Victor H. Kramer, Washington, D.C., with whom Charles E. Hill and Rangeley Wallace, Washington, D.C., were on the brief, for appellee.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

Appellee instituted in the District Court a Freedom of Information Act (FOIA) suit in order to challenge a regulation, 12 C.F.R. § 271.5 (1975), under which appellant Federal Open Market Committee (FOMC) of the Federal Reserve System delays disclosure of certain of its records. On cross motions for summary judgment, the District Court held that the monthly instructions given...

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