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HAYDEN v. NATIONAL SEC. AGCY./CENT. SEC. SERV.

Nos. 78-1728, 78-1729.

608 F.2d 1381 (1979)

Thomas E. HAYDEN, Appellant, v. NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE et al. Jane S. FONDA, Appellant, v. NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1979.

Attorney(s) appearing for the Case

Martin S. Echter, Washington, D.C., with whom Ira M. Lowe, Washington, D.C., was on brief, for appellants.

Freddi Lipstein, Atty., Dept. of Justice, Washington, D.C., with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellees.

Daniel B. Silver, Washington, D.C., and Alfred C. Franklin also entered an appearance for appellee.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, Senior United States District Judge for the Western District of Kentucky.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This case raises a recurring problem in the Freedom of Information Act (FOIA), concerning the balance struck by Congress between the disclosure of information by government agencies and the need for secrecy in some operations vital to the national defense. Appellants challenge a district court order which granted summary judgment to the National Security Agency (NSA) on grounds that...

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