Legal Opinion

In Re United States of America

Court of Appeals for the D.C. Circuit

Decided April 14, 1989No. 87-5383PublishedCited by 58 opinions

1Opinion of the Court

Opinion for the court filed by Senior Circuit Judge ROSENN.

Opinion concurring in part and dissenting in part filed by Circuit Judge D.H. GINSBURG.

MAX ROSENN, Circuit Judge:

This appeal presents the classic conflict between the public interest in preserving the secrecy of “classified” government information and the private interest of the litigant. The primary issue is whether the United States Attorney General’s formal invocation of the state secrets privilege before even filing an answer and responding to discovery requires dismissal of plaintiff’s complaint.

Plaintiff Lillie Albertson brought…

2Cases cited23 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Schlagenhauf v. HolderSupreme Court of the United States · 1965
  4. Will v. United StatesSupreme Court of the United States · 1967
  5. United States v. ReynoldsSupreme Court of the United States · 1953

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3Cited by58 opinions

  1. Union Oil Company of California v. Dan LeavellCourt of Appeals for the Seventh Circuit · 2000
  2. American-Arab Anti-Discrimination Committee v. RenoCourt of Appeals for the Ninth Circuit · 1995
  3. Kasza v. BrownerCourt of Appeals for the Ninth Circuit · 1998
  4. In the Matter of Grand Jury Proceedings: Victor Krynicki, Carol Falk Lopacich v. Ralph Falk IICourt of Appeals for the Seventh Circuit · 1992
  5. In Re Sealed Case No. 98-3077Court of Appeals for the D.C. Circuit · 1998

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