PUBLIC CITIZEN HEALTH RESEARCH GROUP v. F.D.A.

No. 82-1745.

704 F.2d 1280 (1983)

PUBLIC CITIZEN HEALTH RESEARCH GROUP, Appellant, v. FOOD AND DRUG ADMINISTRATION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1983.


Attorney(s) appearing for the Case

David C. Vladeck, Washington, D.C., with whom Alan B. Morrison, Washington, D.C., was on the brief, for appellant.

Jeffrey Gibbs, Sp. Asst. U.S. Atty., Rockville, Md., of the Bar of the Supreme Court of New Jersey, pro hac vice, by special leave of Court, with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., and Thomas Scarlett, Chief Counsel, Food and Drug Admin., Washington, D.C., were on the brief, for appellees, Food and Drug Admin., et al. Patricia J. Kenney, Asst. U.S. Atty., Washington, D.C., also entered an appearance for Food and Drug Admin., et al.

Jerald A. Jacobs, Washington, D.C., with whom Richard F. Mann and Glenn P. Sugameli, Washington, D.C., were on the brief, for appellees, CILCO, Inc., et al. Richard J. Leighton, Washington, D.C., also entered an appearance for appellees, CILCO, Inc., et al.

Before EDWARDS and SCALIA, Circuit Judges, and VAN DUSEN, Senior Circuit Judge, United States Court of Appeals for the Third Circuit.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This Freedom of Information Act ("FOIA" or "Act") case involves an appeal from a grant of summary judgment against the Public Citizen Health Research Group ("HRG"), a nonprofit organization engaged in research and consumer advocacy on health and safety matters. The prevailing parties were the Food and Drug Administration ("FDA"), the agency in possession of the...

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