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MCDONNELL DOUGLAS v. U.S. DEPT. OF THE AIR FORCE

No. 02-5342.

375 F.3d 1182 (2004)

MCDONNELL DOUGLAS CORPORATION, Appellant, v. UNITED STATES DEPARTMENT OF THE AIR FORCE and F. Whitten Peters, Secretary of the Air Force, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2004.

Attorney(s) appearing for the Case

Stephen S. Kaye argued the cause and filed the briefs for appellant.

Tricia S. Wellman, Senior Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

Opinion concurring in part and dissenting in part filed by Circuit Judge GARLAND.

GINSBURG, Chief Judge:

McDonnell Douglas, a wholly owned subsidiary of Boeing, appeals from a judgment in favor of the Air Force in this "reverse" Freedom of Information Act case. McDonnell Douglas challenges as arbitrary and capricious and otherwise contrary to law the decision of the Air Force to release to Lockheed...

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