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HOOVER v. UNITED STATES DEPT. OF THE INTERIOR

No. 79-1122.

611 F.2d 1132 (1980)

Harry E. HOOVER, Plaintiff-Appellant, v. The UNITED STATES DEPARTMENT OF THE INTERIOR et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 1980.

Attorney(s) appearing for the Case

James E. Roberts, Birmingham, Ala., for plaintiff-appellant.

Wendy M. Keats, Leonard, Schaitman, U. S. Dept. of Justice-Civil Div., App. Staff, Washington, D. C., J. R. Brooks, U. S. Atty., Birmingham, Ala., for defendants-appellees.

Before AINSWORTH, VANCE and ANDERSON, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant Harry E. Hoover, owner of the "Blowing Wind Cave" in Alabama, brought this suit under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(B), to compel the Department of the Interior to make available for inspection and copying an appraisal report made relative to appellant's cave and surrounding lands. The district court dismissed the suit because of the pendency of a subsequently...

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