IN RE U.S.

No. 87-5383.

872 F.2d 472 (1989)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1989.

As Amended April 14, 1989.


Attorney(s) appearing for the Case

Freddi Lipstein, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Washington, D.C., were on the petition for a writ of mandamus. Larry L. Gregg and Barbara Herwig, Atty., Dept. of Justice, Washington, D.C., also entered appearances for petitioner.

Stuart A.C. Drake, with whom Alfred Winchell Whittaker, Timothy S. Hardy, Ronald A. Stern, Geoffrey F. Aronow, Arthur Spitzer, and Elizabeth Symonds, Washington, D.C., were on the memorandum in opposition to petition for writ of mandamus.

Before MIKVA and D.H. GINSBURG, Circuit Judges, and MAX ROSENN, U.S. Senior Circuit Judge for the Third Circuit.


Opinion for the court filed by Senior Circuit Judge ROSENN.

Opinion concurring in part and dissenting in part filed by Circuit Judge D.H. GINSBURG.

MAX ROSENN, Circuit Judge:

This appeal presents the classic conflict between the public interest in preserving the secrecy of "classified" government information and the private interest of the litigant. The primary issue is whether the United States Attorney General's formal invocation of the state secrets...

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