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  5. 566 F.2d 289 (1977)
 

EXPEDITIONS UNLIMITED, ETC. v. SMITHSONIAN INST.

No. 74-1899.

566 F.2d 289 (1977)

EXPEDITIONS UNLIMITED AQUATIC ENTERPRISES, INC., a corporation, Appellant, Norman Scott, v. SMITHSONIAN INSTITUTION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1977.

Attorney(s) appearing for the Case

John J. Pyne, Washington, D.C., for appellant.

Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., for appellees. Earl J. Silbert, U. S. Atty., John A. Terry and Jeffrey T. Demerath, Asst. U. S. Attys., and Suzanne D. Murphy, Asst. Gen. Counsel, Smithsonian Institution, Washington, D.C., were on the brief. Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.

Argued En Banc December 16, 1976.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

Concurring opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge, with whom J. SKELLY WRIGHT, Circuit Judge, joins.

Concurring (dubitante) opinion filed by WILKEY, Circuit Judge.

LEVENTHAL, Circuit Judge:

This opinion considers the issue of the conflict between the public interest in shielding responsible...

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