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NEW YORK TIMES CO. v. U.S. DEPT. OF JUSTICE

Nos. 13-422(L), 13-445(Con).

762 F.3d 233 (2014)

The NEW YORK TIMES COMPANY, Charlie Savage, Scott Shane, American Civil Liberties Union, American Civil Liberties Union Foundation, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, United States Department of Defense, Central Intelligence Agency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 11, 2014.

Attorney(s) appearing for the Case

Sharon Swingle , Atty., Appellate Staff, Civil Division, U.S., Dept. of Justice, Washington, D.C.; Preet Bharara , U.S. Atty., Sarah S. Normand , Asst. U.S. Atty., New York, N.Y., Stuart F. Delery , Asst. U.S. Atty. General, Beth S. Brinkman , Deputy Asst. U.S. Atty. General, Douglas N. Letter , and Matthew M. Collette , Attys., Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C., on the petition, for Defendants-Appellees.

No opposition papers requested.

Before: NEWMAN, CABRANES, and POOLER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

After we ruled on the Government's motion for panel rehearing in this needlessly protracted FOIA litigation (the Plaintiffs' FOIA requests were made four years ago), the Government moved for leave to file ex parte and in camera two submissions ("July 28 submissions") in support of its petition for rehearing in banc. See Motion to Submit Ex Parte Classified and Privileged Supplemental Declarations in Support...

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