Legal Opinion · Dissent
Harry E. Hoover v. The United States Department of the Interior
Court of Appeals for the Fifth Circuit
Decided February 15, 1980No. 79-1122Published
1DissentVance, Circuit Judge
I agree with the majority’s holding that the district court erred in dismissing the FOIA action on the ground that the same issue was pending in the condemnation case. I dissent from the part of the panel opinion that holds that the appraisal report was not routinely available to Mr. Hoover under discovery rules and consequently was excepted from disclosure under exemption 5 of the Freedom of Information Act (FOIA).
There is at least a superficial righteousness in Hoover’s cause. The Department of Interior is taking his bat cave whether or not he wishes to give it up. His government is…
2Cases cited26 opinions
- National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
- Department of the Air Force v. RoseSupreme Court of the United States · 1976
- Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
- Gary A. Soucie v. Edward E. David, Jr., Director, Office of Science and TechnologyCourt of Appeals for the D.C. Circuit · 1971
- Federal Open Market Committee of Federal Reserve System v. MerrillSupreme Court of the United States · 1979
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