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First Amendment Library:
Tom M. Schaumberg


The issue in this case is whether certain documents— documents generated by the Renegotiation Board (Board) and by its Regional Boards in performing their task of deciding whether certain Government contractors have earned, and must refund, "excessive profits" on their Government contracts—are "final opinions" explaining the reasons for agency decisions already made, and thus expressly subject to disclosure pursuant to the Freedom of Information Act (Act), 5 U. S. C. § 552 (a) (2) (A), or are instead predecisional consultative memoranda exempted from disclosure by § 552 (b) (5). See NLRB v. Sears, Roebuck & Co., ante, p. 132.