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Kimberlin v. Department of Treasury and Bureau of Alcohol

*fn*: October 2, 1985.

BRETT COLEMAN KIMBERLIN, PLAINTIFF-APPELLANT,
v.
DEPARTMENT OF THE TREASURY AND BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEFENDANTS-APPELLEES



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 83 C 2259--Stanley J. Roszkowski, Judge.

Before CUMMINGS, Chief Judge, WOOD and ESCHBACH, Circuit Judges.

Per Curiam

Plaintiff-appellant Brett Kimberlin, a federal prisoner, brought this action in district court pursuant to the Freedom of Information Act, 5 U.S.C. § 552 challenging the withholding or records by the defendants, the department of the Treasury and the Bureau of Alcohol, Tobacco and Firearms. The district court granted the defendants' motion for summary judgment and Kimberlin appeals. We affirm for the reasons explained below.

I.

Kimberlin filed suit in the United States District Court for the Northern District of Illinois seeking the production of records pursuant to provisions of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, which related to his arrest and the investigation of a series of bombings which occurred in Speedway, Indiana. The complaint sought the disclosure of 61 pages of information which the Bureau of Alcohol, Tobacco and Firearms ("BATF") withheld pursuant to exemptions of FOIA.*fn1 These 61 pages consisted of:

(1) 8 pages of Reports of Interviews with third parties prepared by BATF special agents investigating the bombings in Speedway, Indiana.

(2) A 1-page Report of Investigation prepared by BATF special agents investigating the bombings in Speedway, Indiana.

(3) A 5-page memorandum prepared by BATF special agents describing meetings between BATF special agents and private citizens, concerning the bombings in Speedway, Indiana.

(4) 12 pages of documents provided by a local law enforcement agency.

(5) A 1-page BATF document which is a photocopy of a drivers license and passport.

(6) A 1-page BATF document consisting of handwritten notes.

(7) 10 pages of documents provides by U.S. Customs.

(8) 7 pages of documents provided by the FBI.

(9) 16 pages of documents provided by the Drug Enforcement ...


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