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IN RE U.S. DEPT. OF DEFENSE

No. 88-5044.

848 F.2d 232 (1988)

In re UNITED STATES DEPARTMENT OF DEFENSE, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 1988.

Attorney(s) appearing for the Case

Mark B. Stern, Atty., Dept. of Justice, with whom Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., was on the petition for a writ of mandamus, for petitioner.

David L. Sobel, with whom Joseph N. Onek, Washington, D.C., was on the response to the petition for a writ of mandamus, for respondent.

Before WALD, Chief Judge, and ROBINSON and STARR, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

Dissenting opinion filed by Circuit Judge STARR.

WALD, Chief Judge:

The Department of Defense ("DOD") petitions here for a writ of mandamus directing District Judge Louis F. Oberdorfer to revoke the appointment of a special master in this Freedom of Information Act ("FOIA") case. Because we conclude that Judge Oberdorfer did not abuse his discretion in appointing the master, we deny the petition.

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