pertaining to assassination of President Kennedy) (Status: Defendant's Motion to Dismiss granted November 1970). (Affirmed by Court of Appeals en banc, October, 1973).

10. Astro Communications Laboratory v. Renegotiation Board, D.D.C., Civil Action No. 2403–70. (Suit to obtain many records and enjoin Renegotiation Board proceeding) (Status: Preliminary injunction restraining Renegotiation Board proceeding entered August 1970) (Affirmed by Court of Appeals and appeal dismissed July 1972) (Petition for a writ of certiorari granted).

11. Harold Weisburg v. General Services Administration, et al., D.C. Civil No. 2549-70. (Suit allegedly under 5 U.S.C. 552 to order the National Archives to permit plaintiff to examine the clothing worn by President Kennedy at the time of his assassination, to permit plaintiff to photograph same, and to declare transfer agreement void) (Status: Dismissed, June 1971). (Plaintiff has appealed). 12. Committee To Investigate Assassinations, Inc. v. U.S. Department of Justice, D.D.C., Civil No. 3651-70. (Suit to obtain FBI file compiled as the result of its investigation of the assassination of Senator Robert F. Kennedy). (Status: Defendant's Motion for Summary Judgment granted July 29, 1971). (Affirmed by Court of Appeals en banc, October, 1973).

13. Mary Helen Sears v. Schuyler, E.D. Va., Civil No. 521-70-A. (Suit to obtain access to all abandoned U.S. patent applications) (Status: Decision favorable to defendant entered April 1973). (Plaintiff has appealed).

14. American Manufacturing Company of Texas v. The Renegotiation Board, D.D.C., Civil No. 1246-71. (Plaintiff seeks various Renegotiation Board records) (Status: June 23, 1971, preliminary injunction restraining administrative proceedings entered) (Affirmed by Court of Appeals, July, 1972 pursuant to agreement to be bound by result in Bannercraft Corp. v. Renegotiation Board).

15. Ash Grove Cement Company v. Federal Trade Commission, et al., D.D.C., Civil No. 1298-71. (Plaintiff seeks a variety of documents allegedly pertinent to pending administrative proceedings before the Federal Trade Commission) (Status: Order partially favorable to defendant and partially ordering further proceedings entered October 24, 1973) (Plaintiff has appealed).

16. Reuben E. Robertson III v. Shaffer, et al., D.D.C., Civil No. 1970–71. (Plaintiff seeks documents known as Mechanical Analysis Program Report and System Worthiness reports from Federal Aviation Administration) (Status: Order entered October 31, 1972 granting access to records involved "upon terms and condi tions no more burdensome than those which are imposed upon persons connected with the airline industry") (Appeal pending).

17. James Lafferty, et al. v. Rogers, et al., D. D.C. Civil No. 2033–71. (Plaintiffs seek studies concerning the circumstances surrounding American involvement in the Middle East including contingency plan for deployment of American armed services personnel). (Status: dismissed).

18. Andre J. Theriault, et al. v. United States of America, C.D. Cal., Civil No. 71-2384-AAM. (Plaintiffs seek Aircraft Accident Board Report prepared by Air Force) (Order favorable to plaintiffs entered July 1972) (On appeal).

19. Center for National Policy Review on Race and Urban Issues, et al. v. Richardson, D. D.C. Civil No. 2177-71. (Plaintiffs seek information relating to activities regarding racial segregation in northern public school systems) (Status: Memorandum Order generally favorable to plaintiffs filed December 8, 1972) (On appeal).

20. Edward K. Devlin v. Department of Treasury, etc., D. D.C., Civil No. 205– 72. (Plaintiff seeks customs' records on entry of certain whiskey into the United States) (Status: Defendant's Motion to dismiss or, in the alternative for Summary Judgment granted) (Appeal by plaintiff pending).

21. John J. Wild v. United States Department of Health, Education and Welfare, et al., Minn., Civil No. 4-72 Civil 130. (Plaintiff seeks various Public Health records, including correspondence and evaluations) (Status: Answer filed and Defendants' Motion to dismiss or, in the alternative, for summary judgment pending).

22. National Parks and Conservator Association et al. v. Morton et al., D. D.C. Civil No. 436–72. (Plaintiffs seek financial information submitted by applicants for concession in National Parks) (Status: Defendands' motion for summary judgment granted). (Notice of Appeal filed by plaintiffs).

23. Les Aspin, et al. v. Department of Defense, et al., D. D.C., Civil No. 632–72. (Plaintiffs seeks a report allegedly entitled "Department of the Army Review of the Preliminary Investigation into the My Lai Incident.") (Status: Defendants' Motion for Summary Judgment granted, August 1972) (Affirmed by Court of Appeals, November, 1973).

24. Michael T. Rose v. Department of the Air Force, et al., S.D. N.Y., Civil No. 72 Civ. 1605. (Plaintiff seeks 1) "case summaries of honor hearings maintained" by the Air Force Academy; 2) "case summaries of ethics hearings maintained in the Academy's Ethics Code Reading Files"; and 3) "a complete copy of a study of resignations from the Air Force by Academy graduates") (Status: Court rendered decision in December 1972 sustaining nondisclosure of case summaries and ordering disclosure of study of resignations) (Plaintiffs have appealed).

25. Peter H. Schuck v. Butz, D. D.C., Civil No. 956-72. (Plaintiff seeks "all credit reports and investigatory reports prepared by the office of the Inspector General" of the Department of Agriculture "concerning compliance by any USDA agency, or any recipient of USDA assistance, with the Civil Rights Act.") (Status: Defendant's motion to dismiss or, in the alternative for summary judgment pending) (on appeal after certain documents were ordered released in the course of District Court proceedings).

26. Catherine Rabbitt v. Department of the Air Force, S.D. N.Y., Civil No. 72 Civ. 2323. (Plaintiff seeks Aircraft Accident Report compiled by Air Force) (Status: Answer filed).

27. Lee S. Kreindler v. Department of the Navy, S.D. N.Y., Civil No. 72 Civ. 2053. (Plaintiff seeks Aircraft Accident Report and "JAG Manual Investigation Report") (Status: Answer filed).

28. National Paint and Coatings Assn., Inc. v. Edwards, D. D.C., Civil No. 1129– 72. (Plaintiff seeks all records "which relate in any way" to a Food and Drug Administration Order proposing to classify certain paints and other materials as banned hazardous substances) (Status: Dismissed by stipulation).

29. David Comey, et al. v. Atomic Energy Commission, et al., N.D. Ill., Civil No. 72C 1744. (Plaintiffs seek 13 categories of records from the Atomic Energy Commission) (Status: Defendants' Motion for Summary Judgment granted in part and denied in part). (Court of Appeals has affirmed in part and reversed and remanded for further proceedings in part).

30. Fred Bramblett v. William R. Desobry, W.D. Ky., Civil No. 7333A. (Plaintiff seeks hearing examiner's report from commanding general of Fort Knox Military Reservation) (Status: Defendant's Motion for Summary Judgment pending).

31. Butz Engineering Corp. v. United States Postal Service, et al., D. D.C. Civil Action No. 1566–72. (Plaintiff seeks "technical evaluation and all revisions thereof" allegedly prepared by Postal Service personnel pursuant to a specified contract) (Status: Plaintiff's motion for Summary Judgment granted).

32. People of the State of California v. Richardson, N.D. Cal., Civil Action No. C072-1514-AJZ. (Plaintiffs seek "Extended Care Facility Certification Reports on California nursing homes") (Status: Defendant's Motion for Summary Judgment granted, November 28, 1972). (Plaintiff has appealed).

33. Max Serchuk v. Richardson, et al., S.D. Fla., Civil No. 72-1212. (Plaintiff seeks medicare Extended Care Facility Survey Reports from HEW) (Status: Order favorable to plaintiff entered November 1972) (On Appeal).

34. Montrose Chemical Corp. of California v. Ruckelshaus, D. D.C., Civil No. 1797-72. (Plaintiff seeks staff memoranda relating to DDT administrative hearings from the Environmental Protection Agency) (Status: Order favorable to plaintiff entered) (Notice of appeal filed).

35. Robert P. Smith v. Department of Justice, D. D.C., Civil No. 1840-72. (Plaintiff seeks FBI records relating to Lee Harvey Oswald and certain "FBI Laboratory examinations or other reports") (Status: Defendant's motion for summary judgment pending).

36. Jeffrey Wheeler Hurt, et al. v. United States of America, C.D. Cal., Civil No. 72-2126-CC. (Plaintiff seeks Aircraft Accident Investigation Report compiled by Air Force) (Status: Order favorable to Plaintiff entered. November 1972) (on appeal).

37. Lec S. Kreindler v. Department of the Air Force, etc., S.D. N.Y., Civil No. 72 Civ. 4207. (Plaintiff seeks Aircraft Accident Investigation Report prepared by Air Force) (Status: Answer filed).

38. Robert G. Vaughn v. Bernard Rosen, D. D.C., Civil No. 1753–72. (Plaintiff seeks report known as Evaluation of Personnel Management and certain special studies, etc. from the Civil Service Commission for the 1969-1972, inclusive, fiscal years) (Status: Court of Appeals decision reversed district court decision favorable to defendant and remanded case for further proceedings. August 1973) (Petition for rehearing denied by Court of Appeals, October, 1973).

39. Heidi Packer v. Kleindienst, et al., D. D.C., Civil No. 1988-72. (Plaintiff seeks copies of the audit report of the Massachusetts Committee on Law Enforcement and Administration of Criminal Justice for 1971; and the audit report of the Administration of Justice for 1971) (Status: Summary Judgment granted for defendants, July 13, 1973) (Plaintiff has appealed).

40. Porter County Chapter of the Izaak Walton League of America, Inc., et al. v. United States Atomic Energy Commission, N.D. Indiana, Civil No. 72 H 251. (Plaintiffs seek documents allegedly relating to AEC proceedings regarding granting of a permit for the construction of a nuclear power plant . . . on the shore of Lake Michigan in Porter County, Indiana) (Status: Defendants' Motion to Dismiss or in the Alternative for Summary Judgment pending).

41. Peter J. Petkas v. Staats, D. D.C., Civil No. 2238–72. (Plaintiff seeks documents "which disclose the current costs accounting practices of certain corporations which participate in government defense contracting.") (Status: Defendant's motion for summary judgment granted, August 23, 1973) (Plaintiff has appealed).

42. Allen Weinstein v. Kleindienst, et al., D. D.C., Civil No. 2278–72. (Plaintiff seeks records allegedly in the custody of the FBI concerning its investigation of Alger Hiss and Whittaker Chambers during the period 1933 through 1952 inclusive) (Status: Defendants' motion to dismiss or, in the alternative, for summary judgment pending).

43. Bertram D. Wolfe, et al. v. Froelke, D. D.C., Civil No. 2277-72. (Plaintiffs seek a file entitled Forcible Repatriation of Displaced Soviet Citizens Operation Keelhaul). (Status: Defendant's motion for summary judgment granted June 1, 1973) (Plaintiffs have appealed).

44. Malvin Schechter v. Richardson, D. D.C., Civil No. 2319–72. (Plaintiff seeks Medicare Extended Care Facility reports regarding nursing homes) (Status: Defendant's Motion for Summary Judgment granted) (Plaintiff has appealed). 45. Clarence Ditlow, et al. v. John Volpe, et al., D. D.C., Civil No. 2370-72. (Plaintiffs seek certain documents that relate to motor vehicle safety and the standards that are applied by defendants in enforcing the laws relative to motor vehicle safety from the Department of Transportation). (Status: Decision partially favorable to plaintiffs entered, June, 1973) (On appeal).

46. Anchorage Building Trades Council v. Department of Housing and Urban Development, D. Alaska, Case No. A-184–72 Civ. (Plaintiff seeks to examine certified payrolls on a construction project known as the Woodside East Project) (Status: Answer filed).

47. Rural Housing Alliance v. United States Department of Agriculture, et al., D.D.C., Civil No. 2460–72. (Plaintiff seeks alleged report prepared by the Office of Inspector General, Department of Agriculture in response to allegations of administrative abuses committed by the Farmers Home Administration in Palm Beach and Martin Counties, Florida) (Status: Order partially favorable to plaintiff entered) (On Appeal).

48. Frederick P. Schaffer v. William P. Rogers, D.D.C. Civil No. 2520-72. (Plaintiff seeks investigation reports on conditions in prisoner-of-war camps in South Vietnam by the International Committee of the Red Cross from the Department of State) (Status: Defendant's motion for summary judgment granted, October, 1973).

49. Center for Science in the Public Interest, et al. v. Ruckelshaus, D.D.C.. Civil No. 2567–72. (Plaintiffs seek documents regarding certain brands of gasoline additives which were submitted to the Environmental Protection Agency by manufacturers) (Status: Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment pending).

50. Van W. Smart v. Food and Drug Administration, N.D. Cal., Civil No. C-73-6118 SW. (Plaintiff seeks, inter alia, data considered by advisory panel on antacid drugs) Status: Answer filed).

51. Wheatland Irrigation District v. U.S. Department of Agriculture, et al., D. Wyoming, Civil No. 5816. (Plaintiff seeks, inter alia, records pertaining to private ranching operations) (Status: Suggestion of mootness made).

52. David L. Brockway, Sr. v. Department of the Air Force, N.D. Iowa, Civil No. 73-C-11-OR. (Plaintiff seeks portions of Aircraft Accident Investigation Report) (Status: Answer filed).

53. Mark J. Green, et al. v. Kleindienst, D.D.C., Civil No. 331-73. (Plaintiffs seek business review records compiled by Justice Department Antitrust Division) (Status: Answer filed and pending on cross-motions for summary judgment). 54. Roger E. Hawkes v. Bureau of Customs, et al., W.D. Washington, Civil No. 127-73C-2. (Plaintiff seeks documents relating to the conduct and efficacy of

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searches and seizures performed at border-crossing points) (Status: Decision rendered ordering release of some information sought by plaintiff).

55. Aviation Consumer Action Project v. Civil Aeronautics Board, D. D.C., Civil No. 413-73. (Plaintiff seeks CAB "decision" submitted to the President on proposed airline merger) (Status: Defendant's motion to dismiss granted July 13, 1973). (Plaintiff has appealed).

56. Legal Aid Society of Alameda Co., et al. v. Brennan, et al., N.D. Cal., Civil No. C-73-0282-ACW. (Plaintiffs seek EEO-1's, affirmative action programs and compliance review reports concerning federal contractors) (Status: Order entered holding proceedings in abeyance).

56a. William A. Stretch v. Weinberger, D. N.J., Civil No. 274–73. (Plaintiff seeks extended care facility survey reports on nursing homes from HEW) (Status: Plaintiff's motion for summary judgment granted, June, 1973) (On Appeal)

57. Gerald A. Robbie v. Department of the Air Force, S.D. N.Y., Civil No. 73 Civ. 1031. (Plaintiff seeks Air Force Accident Investigation Report) (Status: Answer filed).

58. Consumers Union of United States, Inc. v. Richard G. Kleindienst, D. D.C., Civil No. 921-73 (plaintiff seeks documents relating to communications between the Department of Justice and two companies concerning the companies' proposed merger) (Status: Answer filed).

59. Robert Fellmeth, et al., v. Office of Economic Opportunity, D. D.C., Civil No. 1069-73 (plaintiff seeks tape recording and the Office of Economic Opportunity's 1972 report to Congress) (status: Answer filed).

60. Pacific Architects & Engineers, Inc. v. The Renegotiation Board, D. D.C., Civil No. 918-73 (plaintiff seeks, inter alia, the raw data, analyses and information upon which the Western Regional Renegotiation Board allegedly made certain findings and seeks to restrain pending administrative proceedings) (Status: Order entered August 21, 1973) (Plaintiff has appealed).

61. Citizens Advocate Center v. Hampton, et al., D. D.C., Civil No. 949-73 (Plaintiff seeks information bearing on its third-party administrative complaint of race and sex discrimination by GAO and letters sent by defendants, Civil Service Commission officials, to federal agencies regarding equal employment opportunity plans) (Status: Answer filed).

62. James A. Barrett v. Local Board No. 9, et al., S.D. N.Y., Civil No. 73 Civ. 2622. (Plaintiff seeks a copy of his Selective Service file) (Status: Summons dated June 13, 1973).

63. Washington Research Project, Inc. v. Department of Health, Education and Welfare, et al., D. D.C., Civil No. 1279–73. (Plaintiff seeks records pertaining to award of eleven research grants sponsored by the Psychopharmacology Research Branch of the National Institute of Mental Health). (Status: Order favorable to plaintiff entered, November, 1973) (Notice of Appeal filed).

64. Project on Corporate Responsibility v. SEC, et al., (Plaintiff seeks documents relating to ITT investigation from the SEC and the Justice Department) (Status: Defendants' Motion to dismiss denied without prejudice to renewal, December, 1973).

65. Stuart Levine v. United States of America, et al., S.D. Fla., Civil Action No. 73-1215-Civ-CA. (Plaintiff seeks United States customs declarations allegedly required of all incoming persons to Miami, Florida, from points outside the territorial limits of the United States, for the months of May and June 1972.) (Status: Defendants' Motion for Summary Judgment pending).

66. Mark McIntyre, et al. v. John W. Warner, D. D.C., Civil No. 1350-73 (Plaintiffs seek an Inspector General's and Auditor General's report prepared by the Department of the Navy in connection with possible violations of the AntiDeficiency Act) (Status: Answer filed).

67. National Wildlife Federation v. Claude S. Brinegar, et al., D. D.C., Civil No. 1269-73 (Plaintiff seeks to require defendants to publish certain information with respect to the Federal-Aid Highway Program) (status: Defendants' Motion to dismiss pending).

68. Gulf Oil Canada, Ltd. v. George P. Shultz, et al., D. D.C. Civil No. 1405-73 (Plaintiffs seek alleged internal substantive regulations relating to the administration and enforcement of the Anti-Dumping Act) (status: dismissed by stipulation).

69. James J. Hogan v. United States of America, S.D. Fla. Civil No. 73-1385Civ-Wm (Plaintiff seeks the Department of Justice Wiretap Manual) (Status: Motion to Dismiss denied October, 1973).

70. Ina Louise Cates v. United States, et al., S.D. Calif., Civil No. 73-330-S

(Plaintiff seeks Aircraft Investigation Report from the Navy) (Status: Simmons dated August 14, 1973).

71. Consumers Union of United States, Inc. et al. v. Board of Governors of the Federal Reserve System, et al., U.S.D.C., D.C. Civil No. 1766-73 (Summons dated September 14, 1973) (Plaintiffs seek certain data regarding interest rates charged by banks in California). (Status: Defendants' Motion to dismiss or, in the alternative for summary judgment pending).

72. John T. Biezup v. Social Security Administration, E.D. Pa. Civil No. 732052 (Plaintiff seeks copies of all medical reports submitted to the Social Security Administration in connection with the application for disability benefits by a named individual) (Status; summons dated September 13, 1973).

73. Sam H. Bennion v. United States Geological Survey et al., D. Idaho, Civil No. CIV 47342 (Plaintiff seeks copies of applications for preference purchasing of crude oil, contracts written, preference waxers, production records of all crude oil produced on federal owned lands in Wyoming, copies of bid results, monthly reports of operations and correspondence and memoranda relative to exchange agreements) (Status: complaint filed September 10, 1973).

74. Steven J. Cole et al., v. United States Department of Health, Education and Welfare et al., D.D.C. Civil No. 1712-73 (Plaintiffs seek records with regard to proposed regulations issued by the Social and Rehabilitation Service on April 20, 1973 regarding public assistance payments and related matters) (Status: Answer filed.)

75. Aviation Consumer Action Project et al., v. Langhorne Washburn, et al., D.D.C. 1838-73 (Plaintiffs seek, inter alia, certain Commerce Department records relating to future plans and programs of the United States Travel Service). (Status: extension of time to respond to complaint obtained).

76. Louis Kruh v. General Services Administration, et al., E.D. N.Y. Civil No. 73C1517 (Plaintiff seeks the classified document establishing the National Security Agency) (Status: Summons dated October 11, 1973).

77. John R. Brunner, S.E. O'Neil, N.D. Cal., Civil No. C731827-SC (Plaintiff seeks the names, addresses and organizational elements of all persons entering the Navy Supply Center, Oakland on October 9, 1973) Status: Summons dated October 16, 1973).

78. Faye P. Seiler v. Department of Transportation, Federal Aviation Administration, W.D. Missouri, Civil No. 73 CV 143-C (Plaintiff seeks copies of reports, records and documents involved in FAA decision to deny Plaintiff a third class Airman's Medical Certificate) (Status: Summons dated October 29, 1973). 79. Federation of American Hospitals et al v. Weinberger, D.D.C. Civil No. 73–2472 IH (Plaintiffs seek copies of decisions of the Provider Appeals Committee established pursuant to HEW contract with the Blue Cross Association and copies of decisions of hearing officers rendered in those proceedings) (Status: summons dated October 23, 1973).

80. Consumers Union of United States, Inc. v. Interstate Commerce Commission, DDC Civil No. 1859-73 (Plaintiff seeks studies or reports concerning the operations of freight rate bureaus) (Status: summons dated October 3, 1973). 81. Weisberg v. United States General Services Administration, D.D.C. Civil No. 2052-73 (Plaintiff seeks the transcript of the January 27, 1964 executive session of the Warren Commission) (Status: summons dated November 13, 1973).

82. Edward Koch et al. v. Department of Justice et al., D.D.C. Civil No. 140-73 (Plaintiffs, members of Congress, seek copies of FBI files pertaining to themselves) (Status: Summons dated December 4. 1973).

83. Aviation Specialties Co. v. Volle, D. Ariz. Civil No. Cir. 73-746 PHX (Plaintiff seeks investigatory report regarding a particular customs penalty assessed against Plaintiff) (Status: Summons dated November 28, 1973).

84. John T. Biezup v. Social Security Administration, E.D. Pa. Civil No. 73-2551 (Plaintiff seeks medical reports submitted the Social Security Administration in connection with the application for disability benefits by a specified individual) (Status: Summons dated November 21, 1973).

Miscellaneous Decisions *

1. Black v. Sheraton Corp. of America, 50 F.R.D. 130 (D.D.C. 1970)-the FOIA recognizes the policy in favor of maintaining the secrecy of FBI investigatory reports (dictum).

FOI issue collateral to other litigation or case discovered after summaries already in print; cases not included in lists.