Timothy R. Murphy v. Department of the Army
Court of Appeals for the D.C. Circuit
1Opinion of the Court
HAROLD H. GREENE, District Judge:
This is an appeal from a grant of summary judgment in favor of the government in an action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The principal question presented is whether the deliberative process privilege encompassed in Exemption Five of the Act (5 U.S.C. § 552(b)(5)) was waived when the documents sought by appellant were disclosed to a Member of Congress.
I
Appellant is a staff member of the Kentucky Rivers Coalition, an organization concerned with the effects of dam construction in Kentucky. Some time prior to 1976, the Department of…
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