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NIEMEIER v. WATERGATE SPEC. PROSECUTION FORCE

No. 76-2296.

565 F.2d 967 (1977)

Paul J. NIEMEIER, Plaintiff-Appellant, v. WATERGATE SPECIAL PROSECUTION FORCE, and Charles F. C. Ruff, Special Prosecutor, Watergate Special Prosecution Force, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 1977.

Attorney(s) appearing for the Case

Rodolphe J. A. deSeife, Glen Ellyn, Ill., for plaintiff-appellant.

Thomas G. Wilson, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., Leonard Schaitman, Appellate Section, Dept. of Justice, Washington, D. C., Thomas P. Sullivan, U. S. Atty., Chicago, Ill., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, SWYGERT and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

The primary issue presented in this appeal is whether an undisclosed portion of a memorandum to the Watergate Special Prosecutor from the Counsel to the Special Prosecutor is exempt from disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. § 552.

I

Plaintiff requested from Watergate Special Prosecutor Charles F. C. Ruff a copy of the August 29, 1974, memorandum written by Philip Lacovara, then Counsel to...

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