BUREAU OF NAT. AFFAIRS v. U.S. DEPT. OF JUSTICE

Nos. 83-1138, 83-1685.

742 F.2d 1484 (1984)

The BUREAU OF NATIONAL AFFAIRS, INC., Appellant v. UNITED STATES DEPARTMENT OF JUSTICE, et al. ENVIRONMENTAL DEFENSE FUND v. OFFICE OF MANAGEMENT AND BUDGET, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 31, 1984.

As Amended September 25, 1984.


Attorney(s) appearing for the Case

Anthony L. Young, Washington, D.C., for appellant Bureau of National Affairs, Inc., in No. 83-1138. William R. Weissman and Jane Seigler, Washington, D.C., also entered appearances for appellant Bureau of National Affairs, Inc.

Mark H. Gallant, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Leonard A. Schaitman, Atty., Dept. of Justice and Stanley S. Harris, U.S. Atty. at the time the brief was filed, Washington, D.C., were on the brief for Office of Management and Budget, appellant in No. 83-1685 and United States Department of Justice, appellees in No. 83-1138.

Barry J. Trilling, Washington, D.C., with whom Bingham Kennedy, Washington, D.C., was on the brief, for appellee, Environmental Defense Fund in No. 83-1685.

Boisfeuillet Jones, Jr. and Carol D. Weisman, Washington, D.C., were on the brief for amicus curiae, Washington Post Company in No. 83-1138 urging reversal.

Jacob C. Landau, Washington, D.C., was on the brief for amici curiae, The Reporters Committee for Freedom of the Press and The Freedom of Information Service Center in No. 83-1138 urging reversal.

Before MIKVA and EDWARDS, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In these cases we are asked to decide a novel question concerning the scope of the Freedom of Information Act (FOIA or the Act): whether appointment calendars, phone logs and daily agendas of government officials are "agency records" subject to disclosure under FOIA. We conclude that appointment materials that are created solely for an individual's convenience, that contain a mix of...

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