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BURKE v. UNITED STATES DEPARTMENT OF JUSTICE

No. 76-2046.

559 F.2d 1182 (1977)

Robert T. BURKE, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE and Federal Bureau of Investigation, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 7, 1977.

Attorney(s) appearing for the Case

Leonard Schaitman, Mark H. Gallant, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., James P. Buchele, U. S. Atty., Mary K. Briscoe, Asst. U. S. Atty., Topeka, Kan., for respondents-appellees.

Robert T. Burke, pro se.

Before SETH and McWILLIAMS, Circuit Judges, and PICKETT, Senior Circuit Judge.

While administrative proceedings were still pending before the Department of Justice, appellant Burke filed suit pursuant to the Freedom of Information Act, 5 U.S.C. § 552, seeking to compel release of copies of photographs which were introduced into evidence at his criminal trial. The Department of Justice ultimately determined while the instant proceedings were still pending that the photographs would be released upon payment of search and reproduction costs. Burke...

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