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UNITED WE STAND AMERICA, INC. v. I.R.S.

No. 02-5266.

359 F.3d 595 (2004)

UNITED WE STAND AMERICA, INC., et al., Appellants, v. INTERNAL REVENUE SERVICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 2004.

Attorney(s) appearing for the Case

Larry E. Klayman argued the cause and filed the briefs for appellants.

Michael J. Haungs, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Roscoe C. Howard Jr., U.S. Attorney, and Jonathan S. Cohen, Attorney, U.S. Department of Justice.

Before: SENTELLE, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Dissenting Opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

The Freedom of Information Act does not cover congressional documents. This case involves a FOIA request for a document that the Internal Revenue Service prepared at the direction of a congressional committee. In this circuit, whether the IRS response is subject to FOIA turns on whether Congress manifested a clear intent to...

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