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HOWARD v. MARSH

No. 84-2498.

785 F.2d 645 (1986)

Barbara Bailey HOWARD, Appellee, v. John O. MARSH, Jr., Secretary of the Army, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1986.

Rehearing Denied May 29, 1986.

Attorney(s) appearing for the Case

Marc Richman, Dept. of Justice, Washington, D.C., for appellant.

Barbara Bailey Howard, pro se.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

BOWMAN, Circuit Judge.

In this case, we confront the question whether an Army commander or other federal official who directs his staff to examine records of the agency he heads in order to respond to an employee's allegation of discrimination thereby violates the Privacy Act of 1974, 5 U.S.C. § 552a. After a bench trial, the District Court held that such an examination of agency records violated 5 U.S.C. § 552a(b). See Howard v. Marsh,

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