Clarence Ditlow v. Claude S. Brinegar, Secretary of the Department of Transportation

The only issue on this appeal is whether appellees have a right of access under the Freedom of Information Act, 5 U.S.C. § 552, to correspondence between the National Highway Traffic Safety Administration and automobile manufacturers in connection with pend ing safety defect investigations. 1 The District Court, in an opinion reported at 362 F.Supp. 1321 (D.D.C.1973), ruled with respect to this correspondence that appellants had not made out their claims of exemption under exemptions 4 and 7 of the Act. We find it necessary to deal only with the latter.

Exemption 7 involves investigatory files…