Legal Opinion

Burka v. United States Department of Health & Human Services

Court of Appeals for the D.C. Circuit

Decided July 2, 1996No. 95-5058PublishedCited by 3 opinions

1Opinion of the Court

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 affect smoking habits. Burka then filed suit in federal court challenging the agency’s decision to withhold the research material. On remand…

2Cases cited30 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  3. Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
  4. Coastal States Gas Corporation v. Department of EnergyCourt of Appeals for the D.C. Circuit · 1980
  5. United States Department of Justice v. Tax AnalystsSupreme Court of the United States · 1989

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3Cited by3 opinions

  1. Burka v. United States Department Of Health And Human ServicesCourt of Appeals for the D.C. Circuit · 1996
  2. Burka v. United States Department of Health & Human ServicesCourt of Appeals for the D.C. Circuit · 1998
  3. Mesa Air Group, Inc. v. Department Of TransportationCourt of Appeals for the D.C. Circuit · 1996

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