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RUSSELL v. DEPARTMENT OF THE AIR FORCE

No. 81-2005.

682 F.2d 1045 (1982)

Elizabeth G. RUSSELL, et al., Appellants, v. DEPARTMENT OF THE AIR FORCE.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1982.

Attorney(s) appearing for the Case

Peter V. Berns, Washington, D. C., with whom Laura Macklin and Lewis Milford, Washington, D. C., were on the brief, for appellants.

Scott T. Kragie, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty. at the time the brief was filed, Royce C. Lamberth, Kenneth M. Raisler and Michael J. Ryan, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before ROBB and BORK, Circuit Judges, and GORDON, Senior District Judge for the Western District of Kentucky.

Opinion for the Court filed by Senior District Judge JAMES F. GORDON.

JAMES F. GORDON, Senior District Judge:

This appeal concerns Exemption (b)(5) of the Freedom of Information Act (hereinafter, FOIA), 5 U.S.C. § 552(b)(5). Appellants, Elizabeth B. Russell and the National Veteran Task Force on Agent Orange, brought this action under the FOIA to force Appellee, Department of the Air Force, to disclose portions of a draft Air Force historical document...

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