LEAD INDUSTRIES ASS'N v. OCCUP. S. & H. ADMIN.

Nos. 220, 291, Dockets 79-6141, 79-6146.

610 F.2d 70 (1979)

LEAD INDUSTRIES ASSOCIATION, INC., Plaintiff-Appellant-Cross-Appellee, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 18, 1979.


Attorney(s) appearing for the Case

James A. Reaves, New York City (Debevoise, Plimpton, Lyons & Gates, New York City, Standish F. Medina, Jr., Nicole A. Gordon, New York City, of counsel), for plaintiff-appellant-cross-appellee, Lead Industries Ass'n, Inc.

David M. Jones, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Michael H. Dolinger, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees-cross-appellants, Occupational Safety and Health Administration et al.

Before LUMBARD, FRIENDLY and GURFEIN, Circuit Judges.


FRIENDLY, Circuit Judge:

This appeal and cross-appeal from orders of Judge Sweet in the District Court for the Southern District of New York require us to pass upon the application of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and particularly exemption (b)(5), in a case where plaintiff's avowed objective in seeking agency records is to utilize them in prosecuting a petition in another circuit to review a rule promulgated by the agency. Plaintiff...

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