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TUFTS v. DEPARTMENT OF AIR FORCE

No. 85-1794.

793 F.2d 259 (1986)

Allen P. TUFTS and Debra R. Tufts, Plaintiffs-Appellants, v. DEPARTMENT OF the AIR FORCE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 11, 1986.

Attorney(s) appearing for the Case

Mark F. Anderson, of Joseph, Robison & Anderson, P.A., Wichita, Kan., for plaintiffs-appellants.

Daniel E. Bensing, Atty. (Richard K. Willard, Acting Asst. Atty. Gen., Civ. Div., Dept. of Justice, Benjamin L. Burgess, Jr., U.S. Atty., for the Dist. of Kan., and Leonard Schaitman, Atty., Civ. Div., Dept. of Justice, with him, on brief), Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before HOLLOWAY, Chief Judge, McKAY, Circuit Judge, and BRATTON, Chief District Judge.

McKAY, Circuit Judge.

Allen and Debra Tufts appeal the district court's summary judgment that the Department of the Air Force did not violate the Privacy Act, 5 U.S.C. § 552a (1982), by destroying an investigative file created when Allen Tufts filed a complaint on behalf of his wife, Debra. In its memorandum and order, the district court noted that the Privacy Act is concerned "not merely with whether a file exists, but the contents and use to which the file...

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