Stanley I. KUTLER and Public Citizen, Appellees,
v.
John W. CARLIN, in his official capacity as Archivist of the United States, Appellant,
William E. Griffin and John H. Taylor, Appellees.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 23, 1998.
Decided March 31, 1998
Attorney(s) appearing for the Case
Freddi Lipstein, Attorney, U.S. Department of Justice, argued the cause for appellant, with whom Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, U.S. Attorney at the time the briefs were filed, Stephen W. Preston, Deputy Assistant Attorney General, U.S. Department of Justice, and Leonard Schaitman, Attorney, Washington, DC, were on the briefs.
Scott L. Nelson argued the cause for appellees, with whom Ellen Fels Berkman, Herbert J. Miller, Jr., and R. Stan Mortenson were on the brief. Alan B. Morrison and Brian Wolfman, Washington, DC, entered appearances.
Before: EDWARDS, Chief Judge, GINSBURG and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
HARRY T. EDWARDS, Chief Judge:
In 1977, in Nixon v. Administrator of Gen. Servs.,433 U.S. 425, 429, 97 S.Ct. 2777, 2783, 53 L.Ed.2d 867 (1977), the Supreme Court found that the Presidential Recordings and Materials Preservation Act of 1974, 44 U.S.C. § 2111 note (1994) ("Act"), "directs" the Administrator of General Services1 to take custody of the Presidential papers and tape recordings...
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