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ALBRIGHT v. UNITED STATES

No. 79-1526.

631 F.2d 915 (1980)

Michael T. ALBRIGHT et al., Appellants, v. UNITED STATES of America et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 1980.

Rehearing Denied October 29, 1980.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Springs, Md., with whom John P. Rhody, Jr., Silver Springs, Md., was on the brief, for appellants.

Michael J. Ryan, Asst. U. S. Atty., with whom Carl S. Rauh, U. S. Atty.*, John A. Terry and Michael W. Farrell, Asst. U. S. Attys., were on the brief, for appellees.

Before TAMM and MIKVA, Circuit Judges, and JOYCE HENS GREEN, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Privacy Act forbids any government agency that "maintains a system of records" from maintaining, collecting, using, or disseminating any record of the exercise of an individual's First Amendment rights. This case raises the issue whether an agency may make and keep such a record even if it is not subsequently incorporated into the agency...

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