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HERCULES, INC., Plaintiff, v. John O. MARSH, Secretary of the Army, Defendant. Civ. A. No. 86-0329-A. United States District Court, W.D. Virginia, Abingdon Division. May 7, 1987. *850 Myles T. Hylton, Radford, Va., Gail Waddell, Roanoke, Va., for plaintiff. Jerry W. Kilgore, E. Montgomery Tucker, Asst. U.S. Attys., Roanoke, Va., for defendant.
Full title: HERCULES, INC., Plaintiff, v. John O. MARSH, Secretary of the Army… Court: United States District Court, W.D. Virginia, Abingdon Division. Date published: May 7, 1987
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At the outset, we express our reservations about whether this appeal is properly before us or whether it is moot. While the Secretary does not assert mootness, the fact is that the Army administratively concluded to release the directory, deleting only the residential telephone numbers of Hercules employees. Hercules then filed suit in the district...
We agree with the district court that the directory is an "agency record" within the meaning of § 552 of FOIA. Although the Act contains no definition of the term, a Department of Defense regulation, 32 C.F.R. § 518.3(b), defines the term to mean "[t]he products of data compilation . . . made or received by a DoD Component in connection with the tr...
We also agree with the district court that release of the directory does not infringe the TSA or exception 4 of the FOIA. The TSA makes criminal the disclosure by an officer or employee of the government, or any governmental agency, of information which "concerns or relates to the trade secrets, processes, operations, style of work . . . of any per...
Finally, we see no merit in Hercules' contention that the district court committed error in considering affidavits of the Assistant to the General Counsel in the Office of the Secretary of the Army and the Deputy for Procurement and Production who was responsible for an army munitions and chemical command in upholding the Secretary's decision to re...
Hercules, Incorporated, Plaintiff-appellant, v. John O. Marsh, Jr., Secretary of the Army, Defendant-appellee, 839 F.2d 1027 (4th Cir. 1988) case opinion from the US Court of Appeals for the Fourth Circuit
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Feb 23, 1988 · This is a reverse Freedom of Information Act, 5 U.S.C. §§ 552, et seq. (FOIA), case wherein Hercules, Inc., the government contractor that operates the Radford Army Ammunition Plant in Radford, Virginia, seeks to prevent the Secretary of the Army (Secretary) from releasing a telephone directory that Hercules prepares at the government's ...
HERCULES, INC. ET AL. v. UNITED STATES. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT. No. 94-818. Argued October 30, 1995-Decided March 4,1996. Petitioner chemical manufacturers produced the defoliant Agent Orange under contracts with the Federal Government during the Vietnam era.
