LAXALT v. McCLATCHY

No. 86-5450.

809 F.2d 885 (1987)

Paul LAXALT v. C.K. McCLATCHY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1987.


Attorney(s) appearing for the Case

Larry L. Simms, Washington, D.C., for appellants. James J. Brosnahan, San Francisco, Cal., John W. Spiegel, Los Angeles, Cal., Henry D. Levine and Margaret A. Flaherty, Washington, D.C., were on brief for appellants.

Brian J. Gallagher, New York City, with whom Mark L. Davidson, Washington, D.C., was on brief for appellee, Delbert W. Coleman.

Thomas B. Carr, with whom Stephen L. Braga, Washington, D.C., was on brief for appellee, Lester Ben Binion.

William P. Murphy, with whom James E. Beasley, Philadelphia, Pa., was on brief for appellee, Paul Laxalt.

Charles A. McNelis, Washington, D.C., entered an appearance for appellees, Morris Dalitz, et al.

Before EDWARDS and WILLIAMS, Circuit Judges, and JOYCE HENS GREEN, District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This appeal is taken from the District Court's refusal to issue an order permitting civil discovery of certain Federal Bureau of Investigation ("FBI") files that are subject to the Privacy Act (the "Act").1 We hold that the District Court applied the wrong legal standard in ruling that, as a prerequisite to invoking discovery at all, the parties...

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