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ACUMENICS RESEARCH & TECH. v. DEPT. OF JUSTICE

No. 87-1650.

843 F.2d 800 (1988)

ACUMENICS RESEARCH & TECHNOLOGY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1988.

Attorney(s) appearing for the Case

Timothy Sullivan (Dykema, Gossett, Spencer, Goodnow & Trigg, Washington, D.C., on brief), for plaintiff-appellant.

Stuart Frisch, Office of the Gen. Counsel, Justice Management Div., U.S. Dept. of Justice, Washington, D.C. (Henry E. Hudson, U.S. Atty., Paula P. Newett, Asst. U.S. Atty., Alexandria, Va., Richard K. Willard, Asst. Atty. Gen., Leonard S. Schaitman, Asst. Director, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., on brief), for defendant-appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and Joseph H. YOUNG, United States District Judge for the District of Maryland, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

This is a reverse Freedom of Information Act (FOIA), 5 U.S.C. § 552 case in which Acumenics Research and Technology, Inc. (Acumenics) seeks to prevent the Department of Justice (DOJ) from releasing certain pricing information that Acumenics submitted to the government as part of a contract proposal. Employing the standard prescribed in 5 U.S.C. § 706(2)(A) (whether agency action is "arbitrary, capricious, an

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