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PUBLIC CITIZEN HEALTH RESEARCH GROUP v. DEPT. OF HEALTH, ED., ETC.

Nos. 79-2199, 79-2364 and 79-2388.

668 F.2d 537 (1981)

PUBLIC CITIZEN HEALTH RESEARCH GROUP, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, et al. National Capital Medical Foundation, Inc., Appellant. PUBLIC CITIZEN HEALTH RESEARCH GROUP v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Appellant National Capital Medical Foundation, Inc., et al. PUBLIC CITIZEN HEALTH RESEARCH GROUP v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, et al. American Association of Professional Standards Review Organizations, (Intervenor-Deft.), Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 30, 1981.

As Amended September 30, 1981.

Attorney(s) appearing for the Case

Joseph B. Scott, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for federal appellants in No. 79-2364 and cross-appellees in Nos. 79-2199 and 79-2388.

Lee T. Ellis, Jr., Washington, D. C., with whom John Lewis Smith, III, Douglas K. Spaulding, and Kay M. Small, Washington, D. C., were on the brief, for National Capital Medical Foundation, Inc., appellant in No. 79-2199 and cross-appellee in Nos. 79-2364 and 79-2388.

Robert D. Reif, Washington, D. C., with whom William G. Kopit, Washington, D. C., was on the brief, for American Association of Professional Standards, appellant in No. 79-2388 and cross-appellee in Nos. 79-2199 and 79-2364.

David C. Vladeck, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief, for Public Citizen Health Research Group, appellee in Nos. 79-2199, 79-2364, and 79-2388.

William J. Guste, III, New Orleans, La., was on the brief for amicus curiae urging affirmance. Stuart F. Pierson, Washington, D. C., also entered an appearance for amicus curiae.

Before TAMM, ROBB and MIKVA, Circuit Judges.

Opinion for the court filed by Circuit Judge ROBB.

Concurring opinion filed by Circuit Judge TAMM.

Dissenting opinion filed by Circuit Judge MIKVA.

ROBB, Circuit Judge:

This is an action under the Freedom of Information Act, 5 U.S.C. § 552 (1976) (FOIA) initiated by the plaintiff, Public Citizen Health Research Group (Public Citizen), against the Department of Health, Education and Welfare (HEW or Department)1

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