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IN RE THE CITY OF NEW YORK

Docket No. 10-0237-op.

607 F.3d 923 (2010)

In re THE CITY OF NEW YORK Hacer Dinler, et al., Michael Schiller, et al., Deirdre Macnamara, et al., Plaintiffs-Respondents v. The City of New York, Raymond Kelly, Commissioner of the New York City Police Department, et al., Defendants-Petitioners.

United States Court of Appeals, Second Circuit.

Decided: June 9, 2010.

Attorney(s) appearing for the Case

Celeste L. Koeleveld, Executive Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel, Tonya Jenerette, Peter G. Farrell, of counsel), Corporation Counsel of the City of New York, New York, NY, for Defendants-Petitioners.

Christopher Dunn, (Arthur Eisenberg and Mohammed Gangat, on the brief), New York Civil Liberties Union Foundation, New York, NY, for Plaintiffs-Respondents, Dinler, et al., and Schiller, et al.

Jonathan C. Moore, (Clare Norins, on the brief), Beldock Levin & Hoffman LLP, New York, NY, for Plaintiffs-Respondents MacNamara and putative class members.

Before: CABRANES, WESLEY, and LIVINGSTON, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether we should issue a writ of mandamus to overturn an order of the United States District Court for the Southern District of New York (Richard J. Sullivan, Judge) granting a motion to compel the production of certain sensitive intelligence reports prepared by undercover officers of the New York City Police Department ("NYPD"). In answering that question, we are called upon to examine the circumstances...

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