WASHINGTON POST CO. v. U. S. DEPT. OF STATE

No. 80-2469.

685 F.2d 698 (1982)

The WASHINGTON POST COMPANY, Appellant, v. UNITED STATES DEPARTMENT OF STATE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1982.

Opinion on Denial of Rehearing December 28, 1982.


Attorney(s) appearing for the Case

Robert C. Post, Washington, D. C., with whom John B. Kuhns and David E. Kendall, Washington, D. C., were on the brief, for appellant.

Nathan Dodell, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty. at the time the brief was filed, Washington, D. C., Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees.

Before GINSBURG, Circuit Judge, McGOWAN, Senior Circuit Judge, and FRIEDMAN, Chief Judge of the United States Court of Claims.


Opinion on Denial of Rehearing En Banc December 28, 1982.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

Separate concurring opinion filed by Chief Judge FRIEDMAN.

McGOWAN, Senior Circuit Judge:

This appeal in a Freedom of Information Act (FOIA) case presents the question of whether the District Court, having rejected the Government's contention that two pre-FOIA statutes qualified as a statutory prohibition of disclosure under...

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