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WARTH v. DEPARTMENT OF JUSTICE

No. 77-1733.

595 F.2d 521 (1979)

Mary Jo WARTH, Plaintiff-Appellant, v. DEPARTMENT OF JUSTICE and United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 24, 1979.

Attorney(s) appearing for the Case

Michael G. Watters, Santa Rosa, Cal., for plaintiff-appellant.

Leonard Schaitman, Washington, D. C., for defendants-appellees.

Before CHOY and SNEED, Circuit Judges, and KERR, District Judge.

SNEED, Circuit Judge:

Appellant Warth appeals from the district court's dismissal of her suit brought under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA). Her appeal presents one issue. It is whether a copy of a trial transcript possessed by an executive agency is an "agency record" subject to production under the provisions of the FOIA. The district court held that the transcript was a court document and, as...

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