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BENAVIDES v. U.S. BUREAU OF PRISONS

Nos. 91-5378, 91-5379 and 92-5025.

995 F.2d 269 (1993)

Eduardo M. BENAVIDES, Appellant, v. U.S. BUREAU OF PRISONS. (Two Cases). John SMITH, Appellant, v. U.S. BUREAU OF PRISONS.

United States Court of Appeals, District of Columbia Circuit.

June 11, 1993.

Attorney(s) appearing for the Case

Brian Wolfman, with whom Alan B. Morrison (in 92-5025) and Theresa A. Amato, Washington, DC, were on the brief, for appellants.

John C. Martin, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before: MIKVA, Chief Judge, SILBERMAN and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The district court in both these appeals granted the government's motion for summary judgment on the ground that compliance with a Justice Department regulation concerning the release of medical records satisfied the Bureau of Prisons' obligations under the Privacy Act. We agree with appellants that the regulation is inconsistent with the Act and therefore reverse both cases...

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