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

No. 97-5150.

142 F.3d 1286 (1998)

Robert A. BURKA, Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 8, 1998.

Attorney(s) appearing for the Case

Robert A. Burka, appearing pro se, argued the cause for appellant, with whom Lawrence M. Sung, was on the briefs.

Michael J. Ryan, Assistant United States Attorney, argued the cause for appellees, with whom Wilma A. Lewis, United States Attorney, Mark E. Nagle and R. Craig Lawrence, Assistant United States Attorneys, were on the briefs.

Before: WALD, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring specially filed by Circuit Judge WALD.

Concurring opinion filed by Circuit Judge RANDOLPH.

WALD, Circuit Judge:

In 1992, Robert A. Burka, a pro se attorney-litigant, filed suit against the U.S. Department of Health and Human Services ("HHS") under the Freedom of Information Act ("FOIA") seeking release of survey responses from the Community Intervention Trial for Smoking...

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