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SCHERER v. KELLEY

No. 77-1463.

584 F.2d 170 (1978)

Anthony J. SCHERER, Jr., Plaintiff-Appellant, v. Clarence M. KELLEY, etc., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1978.

Rehearing Denied October 6, 1978.

As Amended November 14, 1978.

Attorney(s) appearing for the Case

Rudolphe J. A. deSeife, Glen Ellyn, Ill., for plaintiff-appellant.

Mark N. Mutterperl, Civ. Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before SWYGERT and TONE, Circuit Judges, and JAMESON, Senior District Judge.

SWYGERT, Circuit Judge.

Plaintiff Anthony J. Scherer, Jr. brought this action pursuant to the Freedom of Information Act, 5 U.S.C. § 552, to compel four federal agencies to release documents allegedly relevant to him. The issue on appeal is whether the district court erred when, following an in camera examination, it found that the documents were properly withheld under certain exemptions contained in section 552(b) of the Act.2

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