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WOLFE v. DEPARTMENT OF HEALTH & HUMAN SERVICES

No. 86-5017.

815 F.2d 1527 (1987)

Sidney M. WOLFE, M.D., et al. v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 1987.

Rehearing Granted July 2, 1987.

Attorney(s) appearing for the Case

James M. Spears, Deputy Asst. Atty. Gen., with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman and Alfred R. Mollin, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellant.

William B. Schultz, Washington, D.C., with whom Alan B. Morrison, Washington, D.C., was on the brief, for appellees.

Before ROBINSON and BORK, Circuit Judges, and WRIGHT, Senior Circuit Judge.

Rehearing En Banc Granted July 2, 1987.*

Opinion for the court filed by Senior Circuit Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge, BORK.

J. SKELLY WRIGHT, Senior Circuit Judge:

The plaintiffs-appellees, members of the Public Citizen Health Research Group, requested access under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq. (1982), to some of the information contained...

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