GENERAL MOTORS CORP. v. MARSHALL

Nos. 80-1183, 80-1179.

654 F.2d 294 (1981)

GENERAL MOTORS CORPORATION, Appellee, v. Ray F. MARSHALL, Secretary U. S. Department of Labor; Weldon J. Rougeau, Director, Office of Federal Contract Compliance Programs, U. S. Department of Labor; Harold Brown, Secretary, U. S. Department of Defense; Lt. Gen. W. W. Vaughn, Director Defense Logistics Agency, U. S. Department of Defense; James W. Cisco, Executive Director Contractor Employment Compliance, Defense Logistics Agency, U. S. Department of Defense; Oswald L. Jordan, Director, Directorate of Contractor Employment Compliance, Defense Contract Administration Services Region, Boston, U. S. Department of Defense; Thomas J. Mulligan, Jr., Commander Defense Contract Administration Services Region, Boston, Defense Logistics Agency, U. S. Department of Defense, Appellants. Equal Employment Advisory Council, Amicus Curiae. BURROUGHS CORPORATION, Appellee, v. Harold BROWN, Secretary of United States Department of Defense; W. W. Vaughn, Lt. Gen. Commander, Defense Logistics Agency; F. Ray Marshall, Secretary of United States Department of Labor; Weldon J. Rougea, Director of Federal Contract Compliance Programs, Appellants. Equal Employment Advisory Council, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1981.


Attorney(s) appearing for the Case

Douglas N. Letter, Civ. Div., Dept. of Justice, Washington, D. C. (Alice Daniel, Asst. Atty. Gen., Washington, D. C., Justin W. Williams, U. S. Atty., Alexandria, Va., Leonard Schaitman, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellants.

Burt A. Braverman, Washington, D. C. (Daniel Stark, Cole, Raywid & Braverman, Washington, D. C., Tom Williams, Detroit, Mich., on brief), for Burroughs Corp.

Peter G. Nash, Washington, D. C. (Michael J. Bartlett, Peter H. Kiefer, Ogletree, Deakins, Nash, Smoak, Stewart & Edwards, Washington, D.C., on brief), for General Motors Corp.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

These two actions, consolidated on appeal, involve the right of a federal contractor, supplying information to a government agency under the compulsion of Executive Orders 11246 and 11375,1 to a judicial review of a decision of the agency to release certain of such information under the terms of the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq. The plaintiff in each action is engaged...

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