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KISSINGER v. REPORTERS COMMITTEE

No. 78-1088.

445 U.S. 136 (1980)

100 S.Ct. 960

63 L.Ed.2d 267

KISSINGER v. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS ET AL.

Supreme Court of United States.

Decided March 3, 1980.

Attorney(s) appearing for the Case

David Ginsburg argued the cause for petitioner in No. 78-1088 and respondent in No. 78-1217. With him on the briefs was James E. Wesner. William Alsup argued the cause for the federal parties in both cases. With him on the briefs were Solicitor General McCree, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Easterbrook, and Michael Kimmel.

Robert M. Sussman argued the cause for the Reporters Committee for Freedom of the Press in both cases. With him on the brief were Charles A. Horsky and Peter Barton Hutt. William A. Dobrovir argued the cause for the Military Audit Project in both cases. With him on the brief was Andra N. Oakes.

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

The Freedom of Information Act (FOIA) vests jurisdiction in federal district courts to enjoin an "agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant." 5 U. S. C. § 552 (a) (4) (B). We hold today that even if a document requested under the FOIA is wrongfully in the possession of a party not an "agency," the agency which received...

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