CAMPBELL v. DEPARTMENT OF HEALTH & HUMAN SERVICES

No. 81-1839.

682 F.2d 256 (1982)

James T. CAMPBELL, Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES and Eli Lilly and Company.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1982.


Attorney(s) appearing for the Case

Katherine Anne Meyer, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief, for appellant.

Patricia J. Kenney, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., 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 Dept. of Health and Human Services.

Richard Frank Kingham, Washington, D. C., with whom Alvin J. Lorman, Washington, D. C., was on the brief, for appellee Eli Lilly and Co.

Before WALD, MIKVA and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Exemption 7(A) of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(7)(A), permits an agency to withhold from public disclosure "investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would ... interfere with enforcement proceedings." This case presents the novel question whether the Food and Drug Administration...

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