Legal Opinion

Timothy R. Murphy v. Department of the Army

Court of Appeals for the D.C. Circuit

Decided December 21, 1979No. 78-1258PublishedCited by 43 opinions

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…

2Cases cited31 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  3. Department of the Air Force v. RoseSupreme Court of the United States · 1976
  4. United States v. NoblesSupreme Court of the United States · 1975
  5. Mead Data Central, Inc. v. United States Department of the Air ForceCourt of Appeals for the D.C. Circuit · 1977

26 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Coastal States Gas Corporation v. Department of EnergyCourt of Appeals for the D.C. Circuit · 1980
  2. Tax Analysts v. Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2002
  3. Electronic Frontier Foundation v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 2014
  4. Defenders of Wildlife v. United States Department of the InteriorDistrict Court, District of Columbia · 2004
  5. Rockwell International Corp. v. U.S. Department of JusticeCourt of Appeals for the D.C. Circuit · 2001

38 more not listed; retrieve them via the Exa API.

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