GREENTREE v. U. S. CUSTOMS SERVICE

Nos. 81-1829, 81-1830.

674 F.2d 74 (1982)

Frank Derek GREENTREE, Appellant, v. U. S. CUSTOMS SERVICE, et al. Frank Derek GREENTREE, Appellant, v. DRUG ENFORCEMENT ADMINISTRATION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1982.


Attorney(s) appearing for the Case

Cornish F. Hitchcock, Washington, D. C., with whom Richard Manning Ricks, Washington, D. C., was on the brief, for appellant.

Douglas Letter, Atty., Dept. of Justice, Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the briefs were filed, and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees. Kenneth M. Raisler and John C. Martin, Asst. U. S. Attys., Washington, D. C., also entered appearances, for appellees.

David C. Vladeck and Katherine A. Meyer, Washington, D. C., were on the brief, for amicus curiae, Freedom of Information Clearinghouse urging reversal.

Before BAZELON, Senior Circuit Judge, and WALD and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This is a case of first impression in this circuit. It questions whether the Privacy Act, 5 U.S.C. § 552a, is an exempting statute within the meaning of subsection (b)(3) ("Exemption 3") of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(b)(3), which bars access under FOIA to information "specifically exempted from disclosure...

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