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KURZON v. DEPARTMENT OF HEALTH & HUMAN SERVICES

No. 80-1695.

649 F.2d 65 (1981)

George M. KURZON, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided May 22, 1981.

Attorney(s) appearing for the Case

Daniel Burnstein, Boston, Mass., with whom Wilson & Burnstein, Boston, Mass., was on brief, for plaintiff, appellant.

Sandra Wien Simon, 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., were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, ALDRICH, Circuit Judge, WYZANSKI, District Judge.

COFFIN, Chief Judge.

Appellant brought this action in the district court under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to compel disclosure of names and addresses of unsuccessful applicants for research grants from the National Cancer Institute. To support its withholding of this information, the government relied on the authority of exemption 6, which removes from the FOIA's mandatory disclosure requirement "personnel and medical files and similar...

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