Burriss v. Central Intelligence Agency

MEMORANDUM

MORTON, Chief Judge.

This cause came to be heard on September 24, 1981, upon defendants’ motion for dismissal or, in the alternative, summary judgment. Presence in the record of the matter outside the pleadings mandates treatment of the motion as one seeking summary judgment. See Fed.R.Civ.P. 12(b)(6); Fed.R.Civ.P. 56. It is conceded by all parties that no material fact remains in dispute.

On February 2, 1981, plaintiff filed a request with defendant Central Intelligence Agency (CIA) seeking the release of certain documents from that agency’s files. More importantly insofar as this…