The Department of Justice has petitioned the Supreme Court for certiorari in the case of Weber Aircraft Corp. v. United States, 688 F.2d 638 (9th Cir. 1982), in which the U.S. Court of Appeals for the Ninth Circuit refused to accord protection to an Air Force accident investigation report, holding that Exemption 5 embodies only those privileges specifically set forth in the FOIA's legislative history. See FOIA Update, January 1983, at 5.
On March 29, the Supreme Court heard oral argument in Grolier, Inc. v. FTC, 671 F.2d 53 (D.C. Cir. 1982). Also an Exemption 5 case, Grolier presents the issue of whether the attorney work-product privilege should be limited to situations in which litigation related to that for which the record was created is pending or could potentially exist. See FOIA Update, June 1982, at 8.
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