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U.S. v. NAPPER

No. 88-8747.

887 F.2d 1528 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. George NAPPER, in his official capacity as Commissioner of Public Safety of the City of Atlanta, the City of Atlanta, Defendants-Appellees, Luther Alverson, etc. et al., Defendants, The Atlanta Journal and the Atlanta Constitution, Glenn McCutchen, individually and as their managing editor, Georgia Television Company, d/b/a WSB-TV, and David Lippoff, individually and as its News Director, Intervenors-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied December 29, 1989.

Attorney(s) appearing for the Case

Terence B. Adamson, Dow, Lohnes & Albertson, James Alexander Demetry, and Peter Crane Canfield, Atlanta, Ga., for intervenors-appellants.

Sharon Douglas Stokes, Asst. U.S. Atty., Atlanta, Ga., Jerome L. Epstein, U.S. Dept. of Justice, Civ. Div., Leonard Schaitman, and Edward R. Cohen, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Overtis Hicks Brantley, City of Atlanta Law Dept., Atlanta, Ga., for George Napper and City of Atlanta.

Before JOHNSON, Circuit Judge, and RONEY, Senior Circuit Judge, and YOUNG, Senior District Judge.

Rehearing and Rehearing In Banc Denied December 29, 1989.

PER CURIAM:

The Atlanta Journal, The Atlanta Constitution, Georgia Television Co., d/b/a WSB-TV, and two individuals, appeal the denial of their motion to dismiss an action initiated by the United States of America to recover certain Federal Bureau of Investigation documents on loan to the City of Atlanta. We view this as a simple case involving the right of the United States to obtain its own documents...

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