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UNITED TECHNOLOGIES CORP. v. DEPT. OF HEALTH

Civ. A. No. 83-566-WKS.

574 F.Supp. 86 (1983)

UNITED TECHNOLOGIES CORPORATION, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Margaret M. Heckler, and Donald A. Berreth, Defendants, Janis Johnson, Defendant-Intervenor.

United States District Court, D. Delaware.

October 25, 1983.

Attorney(s) appearing for the Case

Allen M. Terrell, Jr., Samuel A. Nolen, Richards, Layton & Finger, Wilmington, Del., David R. Berz, Anthony L. Young, Mary F. Edgar, Wald, Harkrader & Ross, Washington, D.C., for plaintiff.

Joseph J. Farnan, Jr., U.S. Atty., William C. Carpenter, Jr., Asst. U.S. Atty., Wilmington, Del., Darrel Grinstead, Asst. Gen. Counsel, Business and Administrative Law Div., Dept. of Health and Human Services, Washington, D.C., for defendants.

Eliot Alazraki, Wilmington, Del., Cornish F. Hitchcock, David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., for defendant-intervenor.

OPINION

STAPLETON, District Judge:

In this action, United Technologies Corporation ("United") seeks to enjoin the disclosure pursuant to a Freedom of Information Act ("FOIA") request of documents submitted to the National Institute of Occupational Safety and Health ("NIOSH") in conjunction with a health hazard evaluation conducted by NIOSH at United's Pratt & Whitney Aircraft ("PWA") division plant in West Palm Beach, Florida. United seeks a Declaratory...

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