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MAY v. DEPARTMENT OF AIR FORCE

No. 85-4116 Summary Calendar.

777 F.2d 1012 (1985)

Theron J. MAY, Plaintiff-Appellant, v. DEPARTMENT OF the AIR FORCE; and Verne Orr, Secretary of the Air Force, Individually and in his Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 4, 1985.

Attorney(s) appearing for the Case

Russell S. Gill, Biloxi, Miss., for plaintiff-appellant.

George Phillips, U.S. Atty., Peter Barrett, Allen B. Hoppe, Asst. U.S. Attys., Biloxi, Miss., for defendants-appellees.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

JOHNSON, Circuit Judge:

Lt. Colonel Theron C. May brought this suit against the Department of the Air Force for injunctive relief seeking disclosure of May's "closed form" Promotion Recommendation Reports (Form 705). May sought disclosure of the Form 705 recommendations under both the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. The trial court granted summary judgment in favor of the Air Force based on the trial...

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