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COASTAL STATES GAS CORP. v. DEPARTMENT OF ENERGY

No. 80-2199.

644 F.2d 969 (1981)

COASTAL STATES GAS CORPORATION, v. DEPARTMENT OF ENERGY, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 19, 1981.

Rehearing and Rehearing Denied April 14, 1981.

Attorney(s) appearing for the Case

Alice Daniel, Asst. Atty. Gen., Washington, D. C., James W. Garvin, Jr., U. S. Atty., Wilmington, Del., William Kanter, Marc Johnston (argued), Attys., Civ. Div., U. S. Dept. of Justice, Washington, D. C., for appellant.

Rene P. Lavenant, Jr., J. Todd Shields (argued), Charles S. Patterson, Jr., Fulbright & Jaworski, Houston, Tex., William O. LaMotte, III, Morris, Nichols, Arsht & Tunnel, Wilmington, Del., for appellee.

Before ADAMS, GARTH and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Bank Denied April 14, 1981.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal presents two interrelated questions dealing with the role of a district court in passing on requests for information submitted under the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(B) (FOIA). First, did the district court abuse its discretion in refusing to consider a revised index and affidavit, submitted by the government —...

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