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AMERICAN CIVIL LIBERTIES UNION v. BROWN

No. 78-1906.

609 F.2d 277 (1979)

AMERICAN CIVIL LIBERTIES UNION et al., Plaintiffs-Appellees, v. Harold BROWN, Secretary of Defense, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 1979.

Rehearing Granted July 31, 1979.

Attorney(s) appearing for the Case

Eloise E. Davies, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Patricia C. Slovak, Chicago, Ill., for plaintiffs-appellees.

Before CUMMINGS and PELL, Circuit Judges, and NOLAND, District Judge.

Rehearing En Banc Granted July 31, 1979.

NOLAND, District Judge.

This appeal is before the Court pursuant to 28 U.S.C. § 1292(b) to review the District Court's order of March 28, 1978 rejecting the appellants' claim that certain information and documents sought by the appellees are protected by the state secrets privilege. The underlying action seeks to redress the appellants' allegedly unconstitutional investigation and intelligence gathering activities...

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