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FARNSWORTH CANNON, INC. v. GRIMES

No. 79-1260.

635 F.2d 268 (1980)

FARNSWORTH CANNON, INC., Appellant, v. Alton B. GRIMES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1980.

Opinion on Rehearing December 15, 1980.

Attorney(s) appearing for the Case

Edmund L. Walton, Jr., McLean, Va. (Richard V. W. Adams, III, McLean, Va., on brief), for appellant.

R. John Seibert, Dept. of Justice, Washington, D. C. (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Justin W. Williams, U. S. Atty., Alexandria, Va., and Robert E. Kopp, Dept. of Justice, Washington, D. C., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and PERRY, District Judge.

Opinion on Rehearing En Banc December 15, 1980.

MURNAGHAN, Circuit Judge:

The central question presented is whether, in litigation between private parties, the successful assertion of a state secrets privilege by the United States government results not only in the exclusion of the privileged information but also in an alteration in the usual rules by which courts allocate burdens of production and persuasion and according to which they order dismissal or...

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