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SPANNAUS v. U.S. DEPT. OF JUSTICE

No. 86-5611.

824 F.2d 52 (1987)

Edward SPANNAUS, Appellant, v. U.S. DEPARTMENT OF JUSTICE.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1987.

Attorney(s) appearing for the Case

James H. Lesar, Washington, D.C., for appellant.

Philip A. Kesaris, Dept. of Justice, with whom Joseph E. diGenova, U.S. Atty., and Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Pattie A. Goldman and Alan B. Morrison, Washington, D.C., were on the brief for amicus curiae, Public Citizen, urging reversal of the District Court decision.

Before MIKVA and WILLIAMS, Circuit Judges, and WEIGEL, Senior District Judge.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

Edward Spannaus filed this Freedom of Information Act ("FOIA") suit, 5 U.S.C. § 552(a)(4)(B) (1982), to compel the Federal Bureau of Investigation to disclose certain material he requested in two separate letters nearly eight years earlier. The District Court dismissed his suit as untimely under the six-year limitations period of 28 U.S.C. § 2401(a) (1982). Spannaus...

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