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KATZ v. NATIONAL ARCHIVES AND RECORDS ADMIN.

No. 94-5265.

68 F.3d 1438 (1995)

D. Mark KATZ, Appellant, v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 1995.

Attorney(s) appearing for the Case

Lucinda A. Sikes, Washington, DC, argued the cause for appellant. With her on the briefs was Michael E. Tankersley, Washington, DC.

Douglas N. Letter, Litigation Counsel, U.S. Department of Justice, Washington, DC, argued the cause for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, Leonard Schaitman, Attorney, U.S. Department of Justice, and Amy E. Krupsky, Attorney, National Archives and Records Administration, Washington, DC.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

D. Mark Katz appeals from the district court's decision, on summary judgment, rejecting his claim that the National Archives and Records Administration violated the Freedom of Information Act, 5 U.S.C. § 552, by failing to honor his request for "any and all photographs relevant to the autopsy" of President John F. Kennedy. Because these items were not agency records under...

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