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BURKA v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 95-5058.

87 F.3d 508 (1996)

Robert A. BURKA, Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Public Health Service; The National Institutes of Health; National Cancer Institute, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1996.

Rehearing Denied September 6, 1996.

Attorney(s) appearing for the Case

Robert A. Burka, appearing pro se, argued the cause, for appellant, with whom Jack L. Lahr and Lawrence M. Sung, Washington DC, were on the briefs.

Richard M. Friedman, Counsel, pro hac vice, United States Department of Health and Human Services, argued the cause, for appellees, with whom Eric H. Holder, Jr., United States Attorney, R. Craig Lawrence and Michael J. Ryan, Assistant United States Attorneys, Washington, DC, were on the brief. Susan A. Nellor, Assistant United States Attorney, entered an appearance.

Before: WALD, BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Between December, 1991 and August, 1992, appellant Robert Burka filed several Freedom of Information Act ("FOIA" or "Act") requests with the Department of Health and Human Services ("HHS" or "agency") seeking information related to smoking behavior. The agency disclosed some of the documents Burka sought, but withheld data from a comprehensive study of how community-based interventions...

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