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RAY v. TURNER

No. 77-1401.

587 F.2d 1187 (1978)

Ellen L. RAY and William H. Schaap, Appellants, v. Stansfield TURNER, Director Central Intelligence Agency.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1978.

As Amended August 25, 1978.

As Amended November 15, 1978.

Attorney(s) appearing for the Case

James E. Drew, Washington, D. C., for appellants.

Michael F. Hertz, Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Morton Hollander and Leonard Schaitman, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Harry R. Silver and William Kanter, Attys., U. S. Dept. of Justice, Washington, D. C., also entered appearances for appellee.

Ira M. Lowe and Martin S. Echter, Washington, D. C., were on the brief for amicus curiae Baez, Hayden and Fonda.

Before WRIGHT, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

Opinion Per Curiam.

Opinion filed by WRIGHT, Chief Judge, concurring in the remand.

PER CURIAM:

This appeal presents the question whether the district court erred in dismissing a lawsuit under the Freedom of Information Act (FOIA) upon the basis of affidavits supplied by an official of the Central Intelligence Agency (CIA). We find there was error and remand.

I. PROCEDURAL BACKGROUND OF LITIGATION.

Plaintiffs (appellants) Ellen Ray...

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