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FERRI v. BELL

No. 79-2414.

645 F.2d 1213 (1981)

Francis Rick FERRI, Appellant, v. BELL, The Honorable Griffin, United States Attorney General, United States Department of Justice. Griffith, Blair, U. S. Atty. Western District of Pa., Thornburg, Richard, Former U. S. Atty. Western District of Pa. Special Agent in Charge FBI Operations in the Western Dist. of Pa., Former Special Agent in Charge FBI Operations in the West Dist. of Pa.

United States Court of Appeals, Third Circuit.

Decided April 1, 1981.

As Amended April 9, 1981.

Attorney(s) appearing for the Case

Francis Rick Ferri, appellant pro se.

Carlon M. O'Malley, Jr., U. S. Atty., Joseph F. Cimini, Asst. U. S. Atty., Scranton, Pa., for appellee; Thomas W. Richardson, Federal Bureau of Investigation, Washington, D. C., of counsel.

Before ADAMS, GIBBONS and VAN DUSEN, Circuit Judges.

Submitted under Third Circuit Rule 12(6) January 19, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The instant appeal arises out of a civil action brought under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(4)(B), to compel the Justice Department to produce certain documents which it claims are exempt. At the time this suit commenced, appellant Ferri was serving a 31-year sentence in the United States Penitentiary at Lewisburg...

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