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MURPHY v. DEPT. OF ARMY

No. 78-1258.

613 F.2d 1151 (1979)

Timothy R. MURPHY, Appellant, v. DEPARTMENT OF the ARMY et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1979.

Attorney(s) appearing for the Case

David C. Vladeck, Washington, D.C., with whom Alan B. Morrison, Washington, D.C., and Diane B. Cohn, Washington, D. C., were on the brief, for appellant.

Noel Anketell Kramer, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., Washington, D.C., at the time the brief was filed, John A. Terry, Peter E. George and A. Patricia Froham, Asst. U.S. Attys., Washington, D. C., were on the brief, for appellees.

Before LEVENTHAL and ROBINSON, Circuit Judges, and HAROLD H. GREENE, United States District Judge for the District of Columbia.

Opinion for the Court filed by District Judge GREENE.

HAROLD H. GREENE, District Judge:

This is an appeal from a grant of summary judgment in favor of the government in an action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The principal question presented is whether the deliberative process privilege encompassed in Exemption Five of the Act (5 U.S.C. § 552(b)(5)) was waived when the documents sought by appellant were disclosed to...

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