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VOLZ v. UNITED STATES DEPT. OF JUSTICE

No. 78-1748.

619 F.2d 49 (1980)

James T. VOLZ, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 14, 1980.

Attorney(s) appearing for the Case

Terrence Jackson, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Larry Patton, U. S. Atty., Oklahoma City, Okl., and Leonard Schaitman, Washington, D. C., with him on the brief), for defendant-appellant.

Duane Miller, Oklahoma City, Okl., for plaintiff-appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The Privacy Act of 1974 generally permits an individual to obtain access to agency records concerning him. 5 U.S.C. § 552a(d)(1). This case requires us to construe an exception contained in § 552a(k)(5) which exempts from disclosure

investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access...

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