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NEW YORK TIMES CO. v. NASA

No. 87-5244.

852 F.2d 602 (1988)

NEW YORK TIMES COMPANY, Appellee, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 1988.

Attorney(s) appearing for the Case

Al J. Daniel, Jr., Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellant.

Patrick J. Carome, with whom Timothy B. Dyk and George Freeman were on the brief, for appellee. Kerry W. Kirchner, Washington, D.C., also entered an appearance for appellee.

Before ROBINSON, EDWARDS, and DOUGLAS H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBINSON.

Dissenting Opinion filed by Circuit Judge DOUGLAS H. GINSBURG.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

The question confronting us is whether a tape of voice communications aboard space shuttle Challenger during its final ill-fated flight is subject to mandatory public disclosure pursuant to the Freedom of Information Act (FOIA).1...

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