Irwin Memorial Blood Bank of the San Francisco Medical Society v. American National Red Cross

Appellant Irwin initiated this action in the lower court pursuant to the provisions of the Freedom of Information Act, 5 U.S.C. § 552 . It sought an order requiring disclosure by appellee Red Cross of certain financial information. Red Cross defended by asserting that it was not an “agency” of the Federal Government within the meaning of the FOIA. The controlling facts were not disputed, and cross-motions for summary judgment were made. Finding that Red Cross was not an “agency” as defined by 5 U.S.C. § 552 (e), summary judgment was granted in favor of Red Cross, from which Irwin appeals. We affirm the lower court’s decision.

Irwin strongly contends that this court should hold Red Cross subject to the requirements of the FOIA because it has generally been regarded as a federal agency and characterized as such by various state and federal government entities and officials, and by the Red Cross itself. Specifically, Irwin argues that Red Cross’ ability to avoid the requirements of various state regulatory statutes because of its relationship with the federal government is entirely inconsistent with its assertion of non-agency status. In addition, Irwin directs us to the Supreme…