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U.S. v. BUSINESS OF CUSTER BATTLEFIELD MUSEUM

No. 10-30222.

658 F.3d 1188 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. The BUSINESS OF the CUSTER BATTLEFIELD MUSEUM AND STORE LOCATED AT INTERSTATE 90, EXIT 514, SOUTH OF BILLINGS, MONTANA, Defendant, and Christopher Kortlander, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 2011.

Attorney(s) appearing for the Case

Penelope S. Strong , Penelope S. Strong Law Office, Billings, MT, for the appellant.

Michael W. Cotter , U.S. Attorney, and Leif M. Johnson (argued), Assistant U.S. Attorney, Billings, MT, for the appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges.

OPINION

FISHER, Circuit Judge:

We decide whether the public has a common law or First Amendment right of access to materials filed in support of search warrant applications after an investigation has been terminated. We hold that a qualified common law right of access applies. We decline to reach the constitutional question.

BACKGROUND

Christopher Kortlander owns and operates the Custer Battlefield Museum in Garryowen, Montana. Beginning...

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