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BRENNAN CENTER FOR JUSTICE v. DEPT. OF JUSTICE

Docket No. 11-4599.

697 F.3d 184 (2012)

BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF JUSTICE, United States Agency for International Development, United States Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 19, 2012.

Attorney(s) appearing for the Case

Dorothy Heyl ( Elizabeth M. Virga , on the brief) Milbank, Tweed, Hadley & McCloy LLP, New York, NY, for Plaintiff-Appellee.

Sharon Swingle ( Benjamin H. Torrance , Sarah S. Normand , Beth S. Brinkmann , Michael S. Raab , on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellants.

Melanie Sloan , Anne L. Weismann , Adam J. Rappaport , Citizens for Responsibility and Ethics in Washington, Washington, DC; David L. Sobel , Electronic Frontier Foundation, Washington, DC; Mark Rumold , Electronic Frontier Foundation, San Francisco, CA, amici curiae.

Before: CALABRESI, SACK, and HALL, Circuit Judges.

SACK, Circuit Judge:

The defendants, the United States Department of Justice ("DOJ"), the United States Department of Health and Human Services ("HHS"), and the United States Agency for International Development ("USAID"), appeal from a judgment of the United States District Court for the Southern District of New York (Victor Marrero, Judge) granting a motion for summary judgment by the plaintiff, the Brennan Center for Justice at New York University School...

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