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PUBLIC CITIZEN v. BURKE

Nos. 87-5194, 87-5215.

843 F.2d 1473 (1988)

PUBLIC CITIZEN, et al. v. Frank BURKE, Acting Archivist, National Archives & Records Administration, et al., Appellants, Richard M. Nixon. PUBLIC CITIZEN, et al. v. Frank BURKE, Acting Archivist, National Archives & Records Administration, et al. Appeal of Richard M. NIXON.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 1988.

Attorney(s) appearing for the Case

Samuel A. Alito, Jr., U.S. Atty., Newark, N.J., with whom Michael Carvin, Deputy Asst. Atty. Gen., was on the brief, for federal appellants.

R. Stan Mortenson, with whom Herbert J. Miller, Jr., Washington, D.C., was on the brief, for appellant Richard M. Nixon.

Eric R. Glitzenstein, with whom David C. Vladeck and Alan B. Morrison, Washington, D.C., were on the brief, for appellees.

Before SILBERMAN and SENTELLE, Circuit Judges, and HAROLD H. GREENE, Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case involves a challenge to regulations issued under the Presidential Recordings and Materials Preservation Act of 1974 ("PRMPA"), note following 44 U.S.C. § 2111 (1982). In March of 1985, the Archivist of the United States, the official charged with custody of the materials of former President Nixon, published regulations governing disclosure of certain of these materials...

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