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WILLIAMS v. DEPARTMENT OF VETERANS AFFAIRS

No. 95-2609.

104 F.3d 670 (1997)

John R. WILLIAMS, Jr., Plaintiff-Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee, and Sherwin E. Little, Ph.D.; Phillip M. Hamme, MSW; Linda Wilson, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1997.

Attorney(s) appearing for the Case

ARGUED: Cynthia Masucci Kratz, Gill & Sippel, Rockville, Maryland, for Appellant. Richard Wayne Sponseller, Assistant United States Attorney, Alexandria, VA, for Appellee. ON BRIEF: John G. Gill, Jr., Gill & Sippel, Rockville, Maryland; John D. Brosnan, Fairfax, VA, for Appellant.

Before HALL and ERVIN, Circuit Judges, and HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed in part, vacated, and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge HALL and Judge HALLANAN joined.

OPINION

ERVIN, Circuit Judge:

Plaintiff-Appellant John R. Williams, Jr. appeals from a final judgment determining that materials he requested pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a, were draft documents and not "records" within the meaning of the Act and, as such, were not records that were...

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