Legal Opinion

Sdc Development Corporation v. F. David Mathews, Secretary of Health, Education and Welfare

Court of Appeals for the Ninth Circuit

Decided November 17, 1976No. 75-3717PublishedCited by 28 opinions

1Opinion of the Court

ANTHONY M. KENNEDY, Circuit Judge:

In this case of first impression we consider whether a complete reference library of medical writings and publications, accumulated and stored in a computer data bank by an agency of the federal government, constitutes “agency records” for the purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and must therefore be made available to the public for a nominal charge limited to the direct costs of search and duplication, id. § 552(a)(4)(A). We hold that it does not and affirm the judgment of the district court.

In 1956 Congress established the…

2Cases cited5 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
  3. Gary A. Soucie v. Edward E. David, Jr., Director, Office of Science and TechnologyCourt of Appeals for the D.C. Circuit · 1971
  4. United States v. United Continental Tuna Corp.Supreme Court of the United States · 1976
  5. Administrator, Federal Aviation Administration v. RobertsonSupreme Court of the United States · 1975

3Cited by28 opinions

  1. Ryan v. Department of JusticeCourt of Appeals for the D.C. Circuit · 1980
  2. Tax Analysts v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1988
  3. Susan B. Long and Philip H. Long v. United States Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1979
  4. Richard S. Berry v. Department of JusticeCourt of Appeals for the Ninth Circuit · 1984
  5. Fisher v. National Institutes of HealthDistrict Court, District of Columbia · 1996

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