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HERCULES, INC. v. MARSH

No. 87-2632.

839 F.2d 1027 (1988)

HERCULES, INCORPORATED, Plaintiff-Appellant, v. John O. MARSH, Jr., Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1988.

Attorney(s) appearing for the Case

Myles Talbert Hylton (Edwin C. Stone, Stone & Hamrick, P.C., Radford, Va., on brief), for plaintiff-appellant.

Jerry Walter Kilgore, Asst. U.S. Atty. (John P. Alderman, U.S. Atty., Roanoke, Va., on brief), for defendant-appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

HARRISON L. WINTER, Chief Judge:

This is a reverse Freedom of Information Act, 5 U.S.C. §§ 552, et seq. (FOIA), case wherein Hercules, Inc., the government contractor that operates the Radford Army Ammunition Plant in Radford, Virginia, seeks to prevent the Secretary of the Army (Secretary) from releasing a telephone directory that Hercules prepares at the government's expense. The directory contains the names, plant addresses and plant telephone...

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