WASHINGTON POST CO. v. U.S. DEPT. OF JUSTICE

No. 88-5037.

863 F.2d 96 (1988)

WASHINGTON POST COMPANY, Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1988.


Attorney(s) appearing for the Case

Barbara P. Percival, with whom Boisfeuillet Jones, Jr. and Denise E. Holmes, Washington, D.C., were on the brief, for appellant.

Thomas J. McIntyre, Atty., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the brief, for appellee, U.S. Dept. of Justice, Washington, D.C., John Facciala, Asst. U.S. Atty., and Miriam M. Nisbet and Timothy J. Reardon III, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellee.

Charles F.C. Ruff, Richard F. Kingham and Bruce N. Kuhlik, Washington, D.C., were on the brief for appellee, Eli Lilly and Co.

Before WALD, Chief Judge, and MIKVA and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Washington Post Company ("Post") is pursuing access to a report, compiled by outside directors of Eli Lilly and Company ("Lilly"), from the Department of Justice ("Department") under the Freedom of Information Act ("FOIA"). The Department claims that the document is protected from disclosure under four of the Act's exemptions, 5 U.S.C. § 552(b)(3), (4), (7)(B), (7)(C) (1982...

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