Summary
affirming by an equally divided vote district court's judgment that guidelines and instructions for audits were within exemption 2
Summary of this case from Schwaner v. Department of Air ForceOpinion
No. 76-1759.
Argued En Banc April 6, 1978.
Decided October 31, 1978.
On Rehearing En Banc.
James Hamilton, Washington, D.C., with whom David Ginsburg and Fred W. Drogula, Washington, D.C., were on the brief, for appellant.
Michael Kimmel, Atty., Dept. of Justice, Washington, D.C., with whom Earl J. Silbert, U.S. Atty., Rex E. Lee, Asst. Atty. Gen., Barbara Allen Babcock, Asst. Atty. Gen., Leonard Schaitman and John K. Villa, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellee.
Before WRIGHT, Chief Judge, and BAZELON, McGOWAN, TAMM, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.
JUDGMENT
This cause came on to be heard by the court on the record on appeal from the United States District Court for the District of Columbia, and briefs were filed herein by the parties and the cause was argued by counsel before the court sitting en banc.
The judgment of the District Court is affirmed by an equally divided court.
LEVENTHAL, Circuit Judge, took no part in the decision of this case.