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GENERAL DYNAMICS CORPORATION v. MARSHALL

No. 77-1192.

607 F.2d 234 (1979)

GENERAL DYNAMICS CORPORATION, Appellee, v. Ray MARSHALL, Secretary, United States Department of Labor; Rogers C. B. Morton, Secretary, United States Department of Commerce; Philip J. Davis, Director, Office of Federal Contract Compliance Programs, United States Department of Labor; Robert J. Blackwell, Assistant Secretary for Maritime Affairs, United States Department of Commerce; John M. Heneghan, Director, Office of Civil Rights, Maritime Administration, United States Department of Commerce; William P. Clements, Deputy Secretary, United States Department of Defense; Frederick A. Schreiber, Director, Contracts Compliance, Defense Contract Administration Services Region, Los Angeles, California, Defense Supply Agency, United States Department of Defense; Lt. Gen. Wallace H. Robinson, Jr., Director, Defense Supply Agency, United States Department of Defense; and James W. Cisco, Administration Chief, Contracts Administration Services, Defense Contract Administration Services, Defense Supply Agency, United States Department of Defense, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1979.

Attorney(s) appearing for the Case

Douglas N. Letter, Atty., Civ. Div., App. Section, Dept. of Justice, Washington, D. C. (argued), Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Robert Kingsland, U. S. Atty., St. Louis, Mo., and Leonard Schaitman, Atty., Civ. Div., App. Section, Dept. of Justice, Washington, D. C., on brief, for appellants.

Thomas E. Douglass, Coburn, Croft, Shepherd, Herzog & Putzell, St. Louis, Mo. (argued), Richmond C. Coburn, St. Louis, Mo., on brief, for appellee.

Charles E. Hill, Washington, D. C., for amicus curiae Consumer Federation of America.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.

PER CURIAM.

This court's earlier opinion was remanded by the Supreme Court for consideration in the light of its opinion in Chrysler Corp. v. Brown, 441 U.S. 281, 99 S.Ct. 1705, 60 L.Ed.2d 208 (1979).

We held previously that General Dynamics' only recourse to prevent disclosure to a third party of information it submitted to a federal agency was review of the agency's decision under the Administrative Procedure Act; this...

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