CONSUMERS U., ETC. v. CONSUMER PRODUCT SAFETY COMN.

No. 75-2059.

561 F.2d 349 (1977)

CONSUMERS UNION OF the UNITED STATES, INC. and Public Citizen's Health Research Group, Appellants, v. CONSUMER PRODUCT SAFETY COMMISSION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1977.

Rehearing Denied August 25, 1977.


Attorney(s) appearing for the Case

Alan B. Morrison, Washington, D. C., with whom Peter H. Schuck, Nancy H. Chasen, Larry P. Ellsworth, and Mark H. Lynch, Washington, D. C., were on the brief, for appellants.

Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Frederick D. Cohen, Atty., Dept. of Justice, Washington, D. C., were on the brief, for federal appellees.

Robert W. Steele, Washington, D. C., with whom Alan M. Grimaldi, Washington, D. C., was on the brief, for appellee General Electric Co.

Harry L. Shniderman and Eugene C. Holloway, III, Washington, D. C., were on the brief for appellees GTE Sylvania Inc. and Aeronutronic Ford Corp.

Stephen B. Clarkson, Washington, D. C., was on the brief for appellees The Magnavox Co. and Zenith Radio Corp. Thomas J. Touhey, Washington, D. C., also entered an appearance for appellees The Magnavox Co. and Zenith Radio Corp.

Fred W. Geldon, Washington, D. C., was on the brief for appellee Matsushita Electric Corp. of America.

J. Wallace Adair and James E. Burk, Washington, D. C., were on the brief for appellee Admiral Corp.

James M. Johnstone, Washington, D. C., was on the brief for appellee Motorola, Inc.

Howard J. Kaufman, Washington, D. C., was on the brief for appellee RCA Corp. Kimber E. Vought, Washington, D. C., also entered an appearance for appellee RCA Corp.

William L. Dickey, Washington, D. C., was on the brief for appellee Sharp Electronics Corp.

Lawrence R. Walders and David A. Fleischer, Washington, D. C., were on the brief for appellee Toshiba-America, Inc. William C. Triplett, II, Washington, D. C., also entered an appearance for appellee Toshiba-America, Inc.

William F. Patten and D. Clifford Crook, III, Washington, D. C., and Burton Y. Weitzenfeld, Chicago, Ill., were on the brief for appellee Warwick Electronics, Inc.

Before BAZELON, Chief Judge, and WRIGHT and ROBINSON, Circuit Judges.


Rehearing Denied August 25, 1977. See 565 F.2d 721.

Opinion for the court filed by J. SKELLY WRIGHT, Circuit Judge.

J. SKELLY WRIGHT, Circuit Judge:

We consider here an appeal from a dismissal of an action brought by the appellants under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1970 & Supp. V 1975). They seek to obtain, from the Consumer Product Safety Commission, reports which various television...

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