STATE OF TEX. v. I.C.C.

No. 88-1223.

889 F.2d 59 (1989)

STATE OF TEXAS, Plaintiff-Appellant Cross-Appellee, v. INTERSTATE COMMERCE COMMISSION, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Reconsideration January 25, 1990.


Attorney(s) appearing for the Case

Robert Ozer, Anne Swenson, Asst. Attys. Gen., and Jim Mattox, Atty. Gen., Austin, Tex., for the State of Tex.

Peter R. Maier, Dept. of Justice, Civ. Div., Appellate Staff, Leonard Schaitman and Alfred R. Mollin, Dept. of Justice, Washington, D.C., for I.C.C.

William P. Jackson, Jr., Arlington, Va., for amicus curiae, Armstrong World Industries, Inc.

Before CLARK, Chief Judge, RUBIN and DAVIS, Circuit Judges.


PER CURIAM:

Invoking the Freedom of Information Act (FOIA),1 the State of Texas sued the Interstate Commerce Commission (ICC) to obtain eleven documents relating to the ICC's involvement with a variety of administrative and judicial proceedings regarding Armstrong World Industries, Inc., and several of its affiliates and associates. The district court found that five of the documents were exempt...

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