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ANDERSON v. DEPARTMENT OF HEALTH & HUMAN SERVICES

Nos. 86-2246, 86-2495.

907 F.2d 936 (1990)

Celia ANDERSON, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES; Margaret Heckler, Secretary, Department of Health and Human Services; Food and Drug Administration; and Dr. Frank Young, M.D., Commissioner, Food and Drug Administration, Defendants-Appellees, and Dow Corning Corporation, Defendant/Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

June 22, 1990.

Attorney(s) appearing for the Case

Daniel F. Bertch of Robert J. Debry & Associates (Robert J. Debry of Robert J. Debry & Associates, with him on the brief), Salt Lake City, Utah, for plaintiff-appellant.

Burt A. Braverman of Cole, Raywid & Braverman, Washington, D.C. (Susan Paradise Baxter and Kenneth A. Grant of Cole, Raywid & Braverman, Washington, D.C., Ray R. Christensen of Christensen, Jensen & Powell, Salt Lake City, Utah, and Harvey Steinberg of Dow Corning Corp., Midland, Mich., with him on the brief), for defendant/intervenor-appellee.

Before HOLLOWAY, Chief Judge, and BARRETT and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal concerns plaintiff-appellant Celia Anderson's attempt under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to compel defendant-appellee Food and Drug Administration ("FDA") to disclose certain documents submitted to the FDA by defendant-intervenor Dow Corning Corporation. The district court granted summary judgment to defendants, holding that the requested documents contain confidential information that is exempt from...

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