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COM. OF MASS. v. U.S. DEPT. OF HEALTH & HUMAN SERV.

Civ. A. No. 88-0949-Y.

727 F.Supp. 35 (1989)

COMMONWEALTH OF MASSACHUSETTS, by its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. Massachusetts.

December 11, 1989.

Attorney(s) appearing for the Case

Leah W. Sprague, Eugene B. Benson, Boston, Mass., for plaintiff.

Leila Kern, Asst. U.S. Atty., for defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This action is brought by the Commonwealth of Massachusetts Department of Public Welfare ("the State Agency") under the Freedom of Information Act ("the Act"), 5 U.S.C. sec. 552 (1966), seeking release of five documents in the custody of the United States Department of Health and Human Services ("the Federal Agency"). The facts are not in dispute. The parties' cross...

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