Legal Opinion
The City of Virginia Beach, Virginia Thomas M. Leahy, III v. United States Department of Commerce
Court of Appeals for the Fourth Circuit
Decided June 9, 1993No. 93-1038PublishedCited by 69 opinions
1Opinion of the Court
OPINION
PHILLIPS, Circuit Judge:
In this case, we consider the scope of the deliberative process privilege incorporated into Exemption 5 of the Freedom of Information Act (“FOIA”), 5 U.S.C.A. § 552 (1988 & Supp.1993). The United States Department of Commerce (“the government”) appeals an order of summary judgment requiring its branch agency, the National Marine Fisheries Service (“NMFS”), to release certain documents withheld from the City of Virginia Beach, Virginia and City Engineer Thomas M. Leahy III (collectively, “the City”). Virginia Beach v. United States Dep’t of Commerce, 805 F.Supp.…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
- Mead Data Central, Inc. v. United States Department of the Air ForceCourt of Appeals for the D.C. Circuit · 1977
- Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
- Coastal States Gas Corporation v. Department of EnergyCourt of Appeals for the D.C. Circuit · 1980
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3Cited by69 opinions
- City of Garland v. Dallas Morning NewsTexas Supreme Court · 2000
- In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in InterestCourt of Appeals for the Fourth Circuit · 1997
- Ethyl Corporation v. United States Environmental Protection AgencyCourt of Appeals for the Fourth Circuit · 1994
- Defenders of Wildlife v. United States Department of the InteriorDistrict Court, District of Columbia · 2004
- Rein v. United States Patent & Trademark OfficeCourt of Appeals for the Fourth Circuit · 2009
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