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MARZEN v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 86-1768.

825 F.2d 1148 (1987)

Thomas J. MARZEN, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1987.

As Amended September 1, 1987.

Attorney(s) appearing for the Case

Clarke D. Forsythe, Americans United for Life Legal Def. Fund, Chicago, Ill., for plaintiff-appellant.

Harold J. Krent, Civ. Div. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BAUER, Chief Judge, EASTERBROOK, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

BAUER, Chief Judge.

The question presented is whether the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, requires the defendants to disclose four records from an investigation conducted by the Office for Civil Rights ("OCR") of the Department of Health and Human Services ("HHS") into possible discrimination against "Infant Doe", a child born in Bloomington, Indiana with Down's syndrome and a blocked esophagus...

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