IRONS v. F.B.I.

No. 87-1516.

880 F.2d 1446 (1989)

Peter IRONS, et al., Plaintiffs, Appellees, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 24, 1989.


Attorney(s) appearing for the Case

Deborah Ruth Kant, Appellate Staff, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Washington, D.C., Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., and Leonard Schaitman, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., were on briefs, for appellants.

Edward Greer, Philadelphia, Pa., for appellees.

Before CAMPBELL, Chief Judge, BOWNES, BREYER, TORRUELLA and SELYA, Circuit Judges.


OPINION EN BANC

BREYER, Circuit Judge.

The plaintiffs in this case, academic historians researching the McCarthy Era, have sued the government under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1982 & Supp. IV 1986). The plaintiffs want the Federal Bureau of Investigation ("FBI") to give them information contained in the FBI's Smith Act prosecutions file, information that would reveal what certain FBI informants, who testified at the...

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