CAPLAN v. BUREAU OF ALCOHOL, TOBACCO & FIREARMS

No. 240, Docket 78-6097.

587 F.2d 544 (1978)

David I. CAPLAN, Plaintiff-Appellant, v. BUREAU OF ALCOHOL, TOBACCO & FIREARMS OF the DEPARTMENT OF the TREASURY OF the UNITED STATES of America, and all of its Agents, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 31, 1978.


Attorney(s) appearing for the Case

David I. Caplan, New York City, pro se, for plaintiff-appellant.

Carl T. Solberg, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Peter C. Salerno, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.


MULLIGAN, Circuit Judge:

David I. Caplan, the pro se plaintiff-appellant, is an attorney who is in the process of writing a book on the constitutional implications of firearms control laws. On July 3, 1977 he initiated a request under the Freedom of Information Act, 5 U.S.C. § 552 (the Act), for the disclosure by the defendant-appellee, Bureau of Alcohol, Tobacco & Firearms (BATF), of its pamphlet "Raids and Searches." BATF denied the request but informed...

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