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BURKE v. DEPARTMENT OF JUSTICE

Civ. A. No. 75-336-C3.

432 F.Supp. 251 (1976)

Robert T. BURKE, Plaintiff, v. DEPARTMENT OF JUSTICE and Federal Bureau of Investigation, Defendants.

United States District Court, D. Kansas.

September 22, 1976.

Attorney(s) appearing for the Case

Robert T. Burke, pro se.

E. Edward Johnson, U. S. Atty., Mary K. Briscoe, Ass't U. S. Atty., D. Kansas, Topeka, Kan., Leonard Schaitman, Mark H. Gallant, Jeffrey Axelrad, Richard E. Greenspan, Attys., Dept. of Justice, Gen. Litigation, Civ. Div., Washington, D. C., for defendants.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

The instant Freedom of Information Act litigation is now before the Court for determination of the defendants' motion to dismiss for lack of subject matter jurisdiction. The defendants argue that the only relief available to the plaintiff under 5 U.S.C. § 552(a)(4)(B) is an order directing the production of the records sought; that the defendants have agreed...

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