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AFSHAR v. DEPARTMENT OF STATE

No. 81-1299.

702 F.2d 1125 (1983)

Nassar AFSHAR, Appellant, v. DEPARTMENT OF STATE, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1983.

Attorney(s) appearing for the Case

Susan W. Shaffer, Washington, D.C., with whom Mark H. Lynch, Washington, D.C., was on the brief, for appellant.

Alfred Mollin, Atty., Dept. of Justice, Washington, D.C., with whom Charles F.C. Ruff, U.S. Atty., Washington, D.C., at the time of oral argument, and Leonard Schaitman and Marc Johnston, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees; Lee S. Strickland, Atty., C.I.A., Arlington, Va., also entered an appearance for appellee.

Before ROBINSON, Chief Judge, DAVIS, Circuit Judge for the United States Court of Appeals for the Federal Circuit, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

In this appeal arising under the Freedom of Information Act ("FOIA" or "the Act"), the appellant raises four substantive issues: (1) whether the Act allows the government agencies herein to withhold information under exemptions 1 and 3 where there have been prior disclosures of similar information; (2) whether the information withheld under exemption 1 was properly...

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