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RYAN v. DEPARTMENT OF JUSTICE

Nos. 79-1777, 79-1778.

617 F.2d 781 (1980)

Tom W. RYAN, Jr., Missouri Public Interest Research Group, Appellants, v. DEPARTMENT OF JUSTICE. Charles R. HALPERN, Judicial Selection Project, Dorothy J. Samuels, Committee for Public Justice, Appellants, v. DEPARTMENT OF JUSTICE.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1980.

As Amended on Denial of Rehearing February 25, 1980.

Attorney(s) appearing for the Case

Girardeau A. Spann, Washington, D.C., with whom Alan B. Morrison and David C. Vladeck, Washington, D.C., were on brief, for appellants.

Joseph B. Scott, Atty., Dept. of Justice, Washington, D.C., with whom Carl S. Rauh, U.S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellee.

Before McGOWAN and WILKEY, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.

Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

This case is an appeal from a district court order granting summary judgment to the Government in a Freedom of Information Act (FOIA) suit, on grounds that the requested documents were not "agency records" for FOIA purposes. We find on the basis of the undisputed facts that the documents are agency records; we therefore reverse with instructions to enter summary judgment for plaintiffs...

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