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GENERAL DYNAMICS CORP. v. MARSHALL

No. 77-1192.

572 F.2d 1211 (1978)

GENERAL DYNAMICS CORPORATION, Appellee, v. Ray MARSHALL, Secretary, United States Department of Labor, Rogers C. B. Morton, Secretary, United States Department of Commerce, Philip J. Davis, Director, Office of Federal Contract Compliance Programs, United States Department of Labor, Robert J. Blackwell, Assistant Secretary for Maritime Affairs, United States Department of Commerce, John M. Heneghan, Director, Office of Civil Rights, Maritime Administration, United States Department of Commerce, William P. Clements, Deputy Secretary, United States Department of Defense, Frederick A. Schreiber, Director, Contracts Compliance, Defense Contract Administration Services Region, Los Angeles, California, Defense Supply Agency, United States Department of Defense, Lt. Gen. Wallace H. Robinson, Jr., Director, Defense Supply Agency, United States Department of Defense, and James W. Cisco, Administration Chief, Contracts Administration Services, Defense Contract Administration Services, Defense Supply Agency, United States Department of Defense, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1978.

Rehearing and Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Frederic D. Cohen, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D.C. (argued), Barry A. Short (former U.S. Atty.), St. Louis, Mo., Barbara Allen Babcock, Asst. Atty. Gen., and Leonard Schaitman, App. Section, Civ. Div., Dept. of Justice, Washington, D.C., on brief, for appellants.

Richard C. Coburn (argued), Thomas E. Douglass, Adrian L. Steel, Jr., St. Louis, Mo., and Richard T. Franch, Jenner & Block, Chicago, Ill., on brief, for appellee.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 27, 1978.

LAY, Circuit Judge.

General Dynamics Corporation seeks injunctive relief to prevent disclosure of portions of the Affirmative Action Programs (AAP's) of General Dynamics' Electric Boat and Convair Divisions, filed with federal agencies as a condition to the award of government contracts. Third parties had requested the disclosure of the information pursuant to the Freedom of Information Act (FOIA), 5 U...

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