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PUBLIC CITIZEN HEALTH RESEARCH GROUP v. DEPT. OF HEALTH, EDUCATION, AND WELFARE

Civ. A. No. 77-2093.

449 F.Supp. 937 (1978)

PUBLIC CITIZEN HEALTH RESEARCH GROUP, Plaintiff, v. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE et al., Defendants, American Association of Professional Standards Review Organizations, Intervening Defendant.

United States District Court, District of Columbia.

April 25, 1978.

Attorney(s) appearing for the Case

David C. Vladeck, Diane B. Cohn, Ted Bogue, Washington, D. C., for plaintiff.

A Patricia Frohman, Asst. U. S. Atty., Washington, D. C., Lynne K. Zusman, Thomas W. Hussey, Attys., Dept. of Justice, Civ. Div., Washington, D. C., for HEW.

John Lewis Smith, III, Lee T. Ellis, Jr., Lawrence Lewis Lamade, Baker, Hostetler, Frost & Towers, Washington, D. C., for defendant National Capital Medical Foundation, Inc.

Richard G. Vernon, William G. Kopit, Epstein & Becker, Washington, D. C., for intervening defendant American Assn. of Professional Standards Review Organizations.

MEMORANDUM AND ORDER

GESELL, District Judge.

The primary issue presented by these cross-motions is whether or not defendant National Capital Medical Foundation, Inc. ("NCMF") is an "agency" for purposes of the Freedom of Information Act, 5 U.S.C. § 552(e) (1976), and thus subject to the disclosure provisions of that Act. The matter has been fully briefed and argued.

Plaintiff, Public Citizen Health Research Group ("Public Citizen"), is a nonprofit...

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