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FORSHAM v. CALIFANO

No. 76-1308.

587 F.2d 1128 (1978)

Peter H. FORSHAM et al., Appellants, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 1978.

As Amended July 19, 1978.

On Rehearing October 17, 1978.

Attorney(s) appearing for the Case

Harvey W. Freishtat, Boston, Mass., with whom Anthony J. Roccograndi, Chayet & Sonnenreich, Boston, Mass., was on the brief, for appellants.

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

Mary Elizabeth Kurz, Asst. Atty. Gen. of the State of Md., Baltimore, Md., with whom David H. Feldman, Asst. Atty. Gen., of the State of Md., Baltimore, Md., was on the brief, for appellee, Klimt.

Before BAZELON, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

Concurring opinion filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit Judge BAZELON.

LEVENTHAL, Circuit Judge:

In its broad aspect this appeal presents the question whether and under what conditions data compiled by a private group that is receiving money under a federal grant-in-aid program are or become "agency records" by virtue of the fact that the agency has funded...

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