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  5. 641 F.2d 1036 (1981)
 

COUNTY, N. Y. v. U.S. DEPT. OF JUSTICE

Nos. 80-1562, 80-1589.

641 F.2d 1036 (1981)

COUNTY OF MADISON, NEW YORK et al., Plaintiffs, Appellees, v. UNITED STATES DEPARTMENT OF JUSTICE et al., Defendants, Appellants. COUNTY OF MADISON, NEW YORK et al., Plaintiffs, Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 3, 1981.

Attorney(s) appearing for the Case

Tobin N. Harvey, Boston, Mass., with whom Allan van Gestel, and Goodwin, Procter & Hoar, Boston, Mass., on briefs, for County of Madison, New York, et al.

Bruce N. Bagni, Atty., Civ. Div., Dept. of Justice, Washington, D.C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., Alice Daniel, Asst. Atty. Gen., and Leonard Schaitman, Atty., Civil Division, Dept. of Justice, Washington, D. C., on briefs, for United States Department of Justice, et al.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

We consider in these appeals whether the Freedom of Information Act (FOIA), 5 U.S.C. § 552, requires that government documents relating to the settlement of a lawsuit involving the government be disclosed, or whether they may be instead withheld either under exemption five of the Act — the privileged inter- or intra-agency exemption1 — or under a broader equitable exemption based on public policy...

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